A Request for Evidence (RFE) is not a final adjudication outcome, but rather a more demanding stage of review in the I-140 adjudication process. In employment-based immigrant petitions, an RFE generally indicates that the adjudicating officer requires a clearer articulation of eligibility, a stronger evidentiary connection between the applicant’s accomplishments and the governing legal standard, or additional clarification regarding the applicant’s proposed work and broader impact. Once a petition enters this stage, the filing is evaluated under heightened scrutiny and must remain strategically positioned, internally consistent, and well-supported to ultimately secure approval.

The following success stories highlight five I-140 approvals achieved after RFE review or related adverse procedural history, including one EB-1A approval and four NIW approvals. These cases reflect different forms of adjudicative complexity, including repeated scrutiny across related filings, procedural transfers between service centers, and petitions supported by varying levels of recommendation and testimonial evidence. Together, they demonstrate that favorable outcomes remain achievable when the record remains well-organized, responsive, and consistent throughout heightened review.

Cases With Inherent Challenges

Petitions Proceeding Without Supporting Letters

Two NIW approvals proceeded without recommendation or testimonial letters. When a filing lacks traditional supporting letters, the petition must rely more heavily on objective evidence, including the applicant’s publication record, citation impact, professional role, and the consistency of the proposed endeavor with the applicant’s documented accomplishments.

Procedural Transfers Between Service Centers

One NIW approval involved transfers from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center before approval. Such procedural movement can add complexity because the petition must remain persuasive and internally consistent across different adjudicative environments.

Prior and Current RFE History Across Related Petitions

One EB-1A approval involved an applicant whose NIW petition had previously received an RFE, followed by a second RFE after the response was submitted, while the EB-1A petition itself also received an RFE before approval. This layered RFE history added complexity because the EB-1A petition had to establish eligibility under a demanding legal standard while the applicant’s broader record had already undergone heightened review in a related NIW filing.

EB-1A Approvals After RFE (1)

#1: EB-1A in Data Privacy

This EB-1A approval involved a Software Engineer III in industry, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Data Privacy, the EB-1A petition received an RFE from Officer XM1728 before approval, while a prior NIW petition had also received an RFE from Officer XM1717 and a second RFE from Officer XM2097 after the response was submitted.

The applicant held a STEM Ph.D. and presented a strong scholarly profile consisting of 11 publications and 601 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Nebraska Service Center with a premium processing upgrade.

Notable: This approval is notable for securing EB-1A approval after the EB-1A petition received an RFE, especially given that the applicant’s related NIW petition had also faced RFE scrutiny, including a second RFE after the response was submitted.

NIW Approvals After RFE (4)

#2: NIW in Molecular Biology and Genetics

This NIW approval involved a Computational Biologist, born in China and residing in the United States, who proposes to work as a Senior Data Scientist. Filed in Molecular Biology and Genetics, the petition received an RFE from Officer XM2417 before approval was ultimately achieved.

The applicant held a STEM Ph.D. and presented a focused scholarly record consisting of 5 publications and 185 citations, with peer-reviewed work published as recently as 2023. The filing proceeded without any supporting letters.

The adjudication involved procedural transfers from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center with a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters while also undergoing multiple service center transfers.

#3: NIW in Cardiology

This NIW approval involved an Internal Medicine Resident, born in Lebanon and residing in the United States, who proposes to continue in the same employment. Filed in Cardiology, the petition received an RFE from Officer XM2175 before approval was ultimately secured.

The applicant held an M.D. degree and presented a scholarly profile consisting of 13 publications and 37 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Nebraska Service Center with a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review in a non-STEM field.

#4: NIW in Inorganic Chemistry

This NIW approval involved a Postdoctoral Research Associate, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Inorganic Chemistry, the petition received an RFE from the Texas Service Center before ultimately securing approval.

The applicant held a STEM Ph.D. and demonstrated a scholarly profile consisting of 9 publications and 136 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without any supporting letters.

The petition was adjudicated through the Texas Service Center with a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters.

#5: NIW in Criminology

This NIW approval involved an Assistant Professor, born in China and residing in the United States, who proposes to continue in the same role. Filed in Criminology, the petition received an RFE from Officer 5083 before approval was ultimately achieved.

The applicant held a Ph.D. and presented a scholarly profile consisting of 10 publications and 177 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Nebraska Service Center with a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review in a non-STEM field.