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 two EB-1A approvals and three NIW approvals. These cases reflect different forms of adjudicative complexity, including a related O-1A petition that received an RFE before approval, service center transfers, and petitions supported by varying levels of recommendation and testimonial evidence. Together, they show that favorable outcomes remain achievable when the record is clearly organized, factually consistent, and responsive to the adjudicative concerns raised during review.

Cases With Inherent Challenges

Related O-1A RFE History

One EB-1A approval involved an applicant whose related O-1A petition had received an RFE before being approved. This kind of scrutiny can add complexity because the applicant’s broader record has already been examined under a demanding standard, requiring the EB-1A filing to remain independently persuasive and consistent with the applicant’s documented achievements.

Procedural Transfers Between Service Centers

Two approvals 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.

Petitions Proceeding With Limited Supporting Letters

Several approvals proceeded with limited supporting letters. When traditional recommendation support is limited, the petition must place greater emphasis on the applicant’s publication record, citation impact, professional role, and the consistency between the proposed endeavor and documented accomplishments.

EB-1A Approvals After RFE (2)

#1: EB-1A in Device Physics

This EB-1A approval involved a Staff Engineer in industry, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Device Physics, the EB-1A petition was ultimately approved, while a related O-1A petition had also secured approval after receiving an RFE from a Vermont Service Center officer.

The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 13 publications and 300 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 Texas Service Center with upfront premium processing.

Notable: This approval is notable for securing EB-1A approval while the applicant’s related O-1A petition had previously received RFE scrutiny before approval.

#2: EB-1A in Physics

This EB-1A approval involved an Integrated Circuit Engineer - Heterogeneous Photonics in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Physics, the petition received an RFE from Officer XM1728 before approval was ultimately secured.

The applicant held a STEM master’s degree and presented a focused scholarly record consisting of 10 publications and 179 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 6 recommendation letters and proceeded without testimonial letters.

The adjudication involved transfers 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 securing EB-1A approval after RFE review while undergoing multiple service center transfers.

NIW Approvals After RFE (3)

#3: NIW in Immunology

This NIW approval involved an Associate Research Scientist, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Immunology, the petition received an RFE from a Texas Service Center officer before approval was ultimately achieved.

The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 3 publications and 131 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The adjudication involved 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 while undergoing multiple service center transfers.

#4: NIW in Applied Machine Learning

This NIW approval involved a Senior Machine Learning Engineer in industry, born in India and residing in the United States, who proposes to continue in the same employment. Filed in Applied Machine Learning, the petition received an RFE from Officer XM1620 before approval was ultimately secured.

The applicant held a STEM master’s degree and presented a scholarly profile consisting of 3 publications and 17 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without recommendation letters and was supported by 2 testimonial letters.

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

#5: NIW in Nuclear Engineering

This NIW approval involved an Instrumentation and Controls Engineer, born in South Korea and residing in the United States, who proposes to continue in the same role. Filed in Nuclear Engineering, the petition received an RFE from Officer XM2479 before approval was ultimately achieved.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly profile consisting of 21 publications and 33 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without recommendation letters and was supported by 2 testimonial letters.

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