A Request for Evidence (RFE) is not a final decision. It signals that the adjudicating officer needs additional documentation or a clearer legal framework before completing the review. RFEs are common in complex I-140 matters where USCIS applies heightened scrutiny to eligibility, role alignment, or how the evidence supports the governing standard, even when the underlying profile is strong.

The following four success stories summarize I-140 petitions that ultimately secured approval despite RFE-related adjudication hurdles, including one case that overcame both an initial denial and an appeal before reaching approval.

Cases With Inherent Challenges

Prior RFE Followed by Denial and Approval After Appeal

One of the approvals in this batch involves a petition that was not only issued an RFE but also denied before ultimately being approved after an appeal. This trajectory requires a substantially more disciplined and comprehensive presentation of the record at each stage, since the officer is reviewing a case that has already been scrutinized and found deficient in an earlier round.

Long Non-Premium Timelines Without Upgraded Processing

This batch includes one NIW petition that reached approval without a premium processing upgrade. Non-premium adjudication timelines can extend considerably and often increase the likelihood of an RFE cycle. A successful outcome in this posture typically depends on presenting a record that is both comprehensive at initial filing and well-organized enough to support a clear, step-by-step RFE response when required.

Industry Transition and Developing Publication Records

Several cases in this group involve applicants transitioning between roles, from industry-based positions to research roles and vice versa, or carrying publication and citation records that fall below the thresholds typically seen in NIW petitions. In these scenarios, the evidence strategy must work harder to connect the applicant’s proposed endeavor to clear national benefit, while also demonstrating sufficient momentum and credibility through publications, recent activity, and other objective indicators that the officer can independently assess.

Service Center Transfers and Procedural Complexity

One EB-1A petition in this batch experienced a service center transfer from NSC to TSC before reaching approval. Transfers of this kind can introduce additional procedural complexity, since the case record may be reviewed by an officer at a different center under a somewhat different adjudication posture. Maintaining a consistent, well-documented record is especially important in these circumstances.

EB-1A Approval After RFE (1)

#1: EB-1A in Advanced Manufacturing

This EB-1A was approved for an applicant born in China and residing in the United States, currently employed as a Process Engineer in the industry, and will transition to a Development Engineer role in the same sector.

The applicant held a Ph.D. and had 17 publications and 230 citations, with the most recent peer-reviewed publication dated 2022, supported by four recommendation letters.

The petition received an RFE from officer XM2259 and involved a service center transfer from NSC to TSC and back to NSC before reaching approval with a premium processing upgrade.

Notable: The petition received an RFE from officer XM2259 and was transferred between service centers before approval.

NIW Approvals After RFE (3)

#2: NIW in Synthetic Organic Chemistry

The applicant in this NIW case was born in the United Kingdom and is residing in the United States, working as an Associate Scientist and Postdoctoral Research Fellow in industry, and proposing to continue in the same role.

The applicant held a Ph.D. and had 3 publications with 226 citations and a latest peer-reviewed publication dated 2023, with four recommendation letters.

The petition received an RFE from TSC and proceeded through regular processing, reaching approval after 608 days.

Notable: The petition received an RFE from TSC and was approved after 608 days in non-premium processing.

#3: NIW in Mechanical Engineering

Born in China and residing in the United States, the applicant is currently a Postdoctoral Fellow and will transition to a Research Scientist role.

The client held a Ph.D. in a STEM field, with 7 publications and 59 citations, a latest peer-reviewed publication dated 2023, and two recommendation letters.

After receiving an RFE from officer XM1560 and a subsequent denial, the petition was ultimately approved following an appeal at the Texas Service Center with a premium processing upgrade.

Notable: The petition received an RFE from officer XM1560, was denied, and was approved after appeal at TSC with a premium processing upgrade.

#4: NIW in Computer Vision

This NIW petition was filed by an applicant born in China and residing in the United States, currently working as a Research Scientist Intern and will transition to a Postdoctoral Researcher role.

Holding a Ph.D. in a STEM field, the applicant documented 33 publications and 3,249 citations with a latest peer-reviewed publication dated 2024, and the filing proceeded without supporting letters.

The petition received an RFE from officer XM2513 and was approved at the Texas Service Center with upfront premium processing.

Notable: The petition received an RFE and was approved at TSC with upfront premium processing, without any recommendation or testimonial letters.

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North America Immigration Law Group (Chen Immigration Law Associates) is a U.S. immigration law firm dedicated to representing corporations, research institutions, and individuals from all 50 U.S. states regarding I-140 immigration petitions. We specialize in employment-based immigration petition and have a proven record of high success rate for the categories of: EB2-NIW (National Interest Waiver), EB1-A (Alien of Extraordinary Ability), EB1-B (Outstanding Researcher/Professor) and O-1 (Alien of Extraordinary Ability).

Our Sixty-four Thousand I-140 Approvals Provide Unprecedented Insight into the USCIS Adjudication Trend

With nearly 64,000 EB-1A, EB-1B, EB-2 NIW and O-1 cases approved, we have first hand information on the manner in which the USCIS adjudicate I-140 cases. As the USCIS has constantly changed its adjudication standards for the EB-1A, EB-1B and EB-2 NIW categories, our firm's huge database of successful cases gives you unprecedented insight to USCIS adjudication trends. We carefully analyze the data for all of our cases and apply the results of our analyses toward giving our clients up-to-date advice and adapting our strategies such that we remain on par with the ever-shifting landscape of immigration law in the U.S. With us, you will always have access to important updates, strategies, and information so that you can make the most informed decisions about your case.

We Have Helped Tens of Thousands of Clients with Credentials and Backgrounds Similar to Yours

With our exceedingly large number of successful petitions, no matter what credentials you have, no matter your background and field of expertise, no matter your visa status or nationality, chances are we have helped hundreds or even thousands of clients just like you. Our clients are usually impressed with how well we understand their research and work. Our insight and understanding stems from the fact that we have handled many cases with elements similar to yours already, and this helps us devise the best strategies for each individual petition.

Vast Majority of Clients Came to Us Because of Referrals

For years, our firm has attracted new clients based solely on word of mouth, recommendations, and the positive collaboration experiences shared with them by their friends and family. We take pride in our reputation and work hard to ensure that we provide a green card application experience that our clients are happy to share with their friends and colleagues. That is how our cumulative total of approved cases grew from 600 in 2013 to nearly 64,000 in 2025.

Track Record of Success EB-1 and NIW Approvals

(2020.01 - 2024.12)

Category	Approval or Refund^®		Approval or Refiling^TM
Category	Approved Sum	Success Rate	Approved Sum	Success Rate
NIW	28,946	99.52%	3,030	98.31%
EB1A	4,322	91.76%	2,870	88.91%
EB1B	793	98.51%	236	90.77%
Total	34,061	98.44%	6,136	93.39%