A Request for Evidence, or RFE, is not a final adjudication outcome. In the I-140 context, it often means that the adjudicating officer required a clearer explanation of eligibility, a stronger connection between the applicant’s record and the governing legal standard, or a more persuasive presentation of the applicant’s proposed work and future role. Even when approval is ultimately secured, an RFE usually marks a more demanding stage of review in which the petition must remain coherent and persuasive under closer scrutiny.

The following four success stories highlight I-140 approvals secured after RFE-related complications. These approvals include one EB-1A approval and three NIW approvals. Taken together, they reflect several forms of adjudicative complexity, including review across multiple service centers, approval after a non-premium timeline extending well beyond routine processing, filings supported without any recommendation or testimonial letters, and varied procedural paths involving both upfront premium processing and premium processing upgrades.

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Cases With Inherent Challenges

Review After an RFE

Each petition in this group first encountered additional scrutiny through an RFE before approval was secured. That alone made these matters more demanding than straightforward approvals, because the filings had to remain legally and factually persuasive after the adjudicating officer requested more support or clarification.

Service Center Transfers Before Approval

At least one of these approvals followed a multi-step transfer path from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center. That kind of procedural movement can add complexity because the petition must remain internally consistent and persuasive as it progresses through multiple stages of adjudication.

Approval Without Supporting Letters

One of the approved NIW cases proceeded without any recommendation letters or testimonial letters. In such cases, the petition relies more heavily on the applicant’s academic training, publication record, citation history, and proposed work than on outside letters to explain the applicant’s significance.

Extended Non-Premium Processing Timeline

One case in this group proceeded without premium processing and took 664 days before approval. A longer timeline can place additional pressure on the durability of the petition, especially where the case has already entered a more exacting review stage through an RFE.

Varied Procedural Paths Across the Approved Cases

These approvals also did not follow a single procedural route. Some moved forward through upfront premium processing, while others used premium processing upgrades, and one proceeded without premium processing at all.

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EB-1A Approvals After RFE (1)

#1: EB-1A in Health Economics and Outcomes Research

An Indian-born Senior Health Economics and Outcomes Research (HEOR) Specialist in industry residing in the United States, this applicant proposed to transition into an Associate Director, HEOR, Specialty in industry. The petition was filed in Health Economics and Outcomes Research and received an RFE from Officer XM1209 before ultimately being approved.

Holding a STEM Ph.D., the applicant presented a strong scholarly profile that included 19 publications and 199 citations, with a latest peer-reviewed publication from 2025. The filing was supported by four recommendation letters and no testimonial letters.

The case also followed a complex adjudicative track, moving from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center with upfront premium processing.

Notable: This approval is notable for successfully navigating repeated service center transfers after an RFE.

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NIW Approvals After RFE (3)

#2: NIW in Electrical and Computer Engineering

A Chinese-born Ph.D. student residing in the United States, this applicant proposed a transition to an Optical Engineer in industry. The applicant initially filed this NIW petition in Electrical and Computer Engineering, followed by an O-1A petition. The NIW has now been approved, while the O-1A has received an RFE from the Vermont Service Center.

Holding a STEM master’s degree, the applicant presented 24 publications and 273 citations, with a latest peer-reviewed publication from 2024. The filing was supported by four recommendation letters and no testimonial letters.

The case was adjudicated at the Nebraska Service Center with a premium processing upgrade.

Notable: This approval is notable for following a more unusual procedural path in which the applicant had already encountered RFE-related scrutiny in an O-1A matter before later securing NIW approval.

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#3: NIW in Computer Science

Currently working as a Tenure-Track Assistant Professor, this Chinese-born applicant residing in the United States proposes to remain in the same role. The NIW petition in Computer Science received an RFE from Officer XM2191 before reaching approval.

The applicant held a STEM Ph.D. and presented 17 publications with 205 citations, with the latest peer-reviewed publication dating to 2025. The filing was supported by two recommendation letters and no testimonial letters.

The case proceeded at the Texas Service Center with a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review while the applicant remained in an ongoing tenure-track academic role.

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#4: NIW in Environmental Science

A Postdoctoral Research Associate originally from China and residing in the United States, this applicant intends to maintain the same role. The NIW petition in Environmental Science successfully overcame an RFE from Officer EX0054 before ultimately being approved.

The applicant held a STEM Ph.D. and presented 12 publications and 97 citations, with a latest peer-reviewed publication from 2025. No supporting letters were submitted.

The case proceeded at the Nebraska Service Center without premium processing and took 664 days to reach approval.

Notable: This case stands out for securing an NIW approval after an RFE without any recommendation or testimonial letters, enduring a lengthy 664-day adjudication timeline.