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, including two EB-1A approvals and three NIW approvals. These cases reflect approvals involving both academic researchers and industry professionals, petitions supported by widely varying publication and citation records, applicants residing both inside and outside the United States, and filings that proceeded with limited or no supporting letters. Together, they demonstrate that favorable outcomes remain achievable even after intensified scrutiny and procedural complexity.

Cases With Inherent Challenges

Petitions Proceeding Without Supporting Letters

Several approvals were secured with limited supporting documentation, including petitions that proceeded without any recommendation letters, testimonial letters, or both. When traditional supporting evidence is absent, the petition must rely more heavily on objective achievements, scholarly impact, professional experience, and the overall coherence of the evidentiary record to satisfy the heightened demands of RFE review.

International Residence and Cross-Border Adjudication

Some approvals involved applicants residing outside the United States at the time of adjudication. Such cases may require additional strategic clarity because the petition must not only establish eligibility under the governing immigration standard but also persuasively demonstrate the applicant's future contributions within the United States despite their overseas residence.

Procedural Transfers Between Service Centers

One approval involved multiple transfers between the Nebraska Service Center and the Texas Service Center before ultimately reaching approval. Petitions that move through different adjudicative environments must remain consistent and persuasive throughout the review process while being evaluated by multiple officers and service center teams.

EB-1A Approvals After RFE (2)

#1: EB-1A in Optical Engineering

This EB-1A approval involved an Assistant Research Professor, born in China and residing in the United States, who proposes to continue working in the same role. Filed in Optical Engineering, the petition received an RFE from Officer EX5199 before ultimately securing approval.

The applicant held a STEM master's degree and presented a scholarly profile consisting of 23 publications and 549 citations, with peer-reviewed work published as recently as 2024. The filing was supported by four recommendation letters and proceeded without testimonial letters.

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

#2: EB-1A in Electrical Power Engineering

This EB-1A approval involved an Infrastructure Project Specialist, born in Ethiopia and residing in the United States, who proposes to continue in the same position. Filed in Electrical Power Engineering, the petition received an RFE from Officer XM1320 before approval was ultimately achieved.

The applicant held a STEM Ph.D. and demonstrated a highly cited scholarly record consisting of 13 publications and 2,076 citations, with the most recent peer-reviewed publication appearing in 2023. The filing included four recommendation letters and one testimonial letter.

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

NIW Approvals After RFE (3)

#3: NIW in Environmental Science

This NIW approval involved a Graduate Student Researcher, born in Nepal and residing in Slovenia, who proposes to work as an Assistant Professor. Filed in Environmental Science, the petition received an RFE from Officer XM1989 before ultimately securing approval.

The applicant held a STEM master's degree and presented a developing scholarly profile consisting of 5 publications and 96 citations, with peer-reviewed work published as recently as 2024. The petition 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 any recommendation or testimonial letters while the applicant was residing outside the United States.

#4: NIW in Biotechnology

This NIW approval involved an Assistant Project Scientist, born and residing in Chile, who proposes to work as an Assistant Professor. Filed in Biotechnology, the petition received an RFE from Officer XM2532 before approval was ultimately achieved.

The applicant held a STEM Ph.D. and established a focused scholarly record consisting of 8 publications and 70 citations, with peer-reviewed work published as recently as 2024. The filing was supported by four recommendation letters and proceeded without testimonial letters.

The adjudication involved multiple procedural transfers, moving from the Nebraska Service Center to the Texas Service Center and later 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 procedural transfers between service centers and while the applicant was residing outside the United States.

#5: NIW in Mechanical Engineering

This NIW approval involved a Senior Mechatronics Engineer in industry, born in Nepal and residing in the United States, who proposes to continue in the same role. Filed in Mechanical Engineering, the petition received an RFE from the Texas Service Center before ultimately securing approval.

The applicant held a STEM Ph.D. and presented a developing scholarly profile consisting of 6 publications and 22 citations, with peer-reviewed work published as recently as 2024. The filing included four recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Texas Service Center without premium processing and was approved after a lengthy review period of 693 days.