A Request for Evidence (RFE) is not a final decision. It signals that the adjudicating officer needs additional documentation or clearer legal framing 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 five success stories summarize I-140 petitions that ultimately secured approval after RFE-related adjudication hurdles.

Cases With Inherent Challenges

Prior RFE Followed by Denial or Withdrawal Before the Approved Filing

This group includes cases where an earlier filing received an RFE and did not reach approval, either due to denial or withdrawal. These histories often lead to more careful adjudication in subsequent filings, requiring a more disciplined presentation of evidence and tighter alignment between the record and the eligibility framework.

Mixed Processing Strategies Including Non-Premium Processing

Not every approval followed an upfront premium processing approach. One NIW approval was adjudicated without premium processing and includes a documented processing duration, which can add uncertainty and increase the likelihood of an RFE cycle. A successful outcome in this posture often depends on presenting a response that is both comprehensive and easy for the officer to verify against the record.

Industry-Based Roles and Non-Linear Career Positioning

This batch includes multiple applicants working in industry roles, including a Lead Data Scientist and a Process Development Engineer, alongside research-track positions such as Research Associate and Postdoctoral Research Associate. These profiles can receive additional scrutiny because officers often examine how the proposed work will be advanced in the United States and how the role duties, evidence of impact, and supporting letters align with the NIW framework.

EB-1A Approvals After RFE (1)

#1: EB-1A in Chronobiology

This EB-1A approval involved an applicant born in China and residing in the United States, working as a Basic Life Research Scientist with a proposed role as a Chronobiologist.

The applicant held an M.D. and presented a research record that included 14 publications and 476 citations, supported by six recommendation letters.

The RFE was issued by Officer EX1671 in an earlier EB-1A that resulted in denial, followed by a refiled EB-1A that ultimately reached approval at the Texas Service Center after a premium processing upgrade.

Notable: The case received an earlier RFE from Officer EX1671, followed by a denial before the ultimately approved EB-1A refile.

NIW Approvals After RFE (4)

#2: NIW in Biomedical Engineering

This NIW approval involved an applicant born in China and residing in the United States, working as a Research Associate with the same role proposed.

The applicant held a Ph.D. and documented a substantial research record of 17 publications and 437 citations, supported by four recommendation letters.

The client initially filed an NIW petition, followed by an EB-1A petition. Although the EB-1A petition received an RFE from Officer XM0150 that ended in denial, the NIW petition was subsequently approved through regular processing at the Texas Service Center.

Notable: The petition identifies Officer XM0150 in the RFE for EB-1A and shows that the ultimately approved NIW proceeded without premium processing.

#3: NIW in Chemical Engineering

This NIW approval involved an applicant born in South Korea and residing in the United States, working as a Postdoctoral Research Associate with the same role proposed.

The applicant held an M.E. and presented 13 publications and 168 citations, with four recommendation letters supporting the petition.

The case reflects multiple RFE-related hurdles before the approval. Initially, the client filed an NIW petition and later filed an EB1A petition. The EB1A received an RFE from Officer XM1861 and was subsequently withdrawn. We then refiled another EB1A for this client, but it again received an RFE from Officer XM2212 and was ultimately denied. However, this did not affect the NIW petition, which was later approved after a premium processing upgrade at the Nebraska Service Center.

Notable: The client received two RFEs from two different officers for the EB1A petition before the NIW was approved.

#4: NIW in Biomedical Engineering

This NIW approval involved an applicant born in China and residing in the United States, working as a Lead Data Scientist in the industry, with the same role proposed.

The applicant held a Ph.D. and documented 15 publications and 215 citations, with two recommendation letters and two testimonial letters supporting the filing.

The petition received an RFE issued by Officer EX0486 and was adjudicated with upfront premium processing at the Nebraska Service Center, reflecting a strategy aimed at resolving the RFE issues through a tightly organized and officer-responsive submission.

Notable: The petition explicitly states an RFE from Officer EX0486 and shows the matter was handled with upfront premium processing at NSC.

#5: NIW in Materials Science and Engineering

This NIW approval involved an applicant born in Vietnam and residing in the United States, transitioning from a Ph.D. candidate role to a Process Development Engineer position in industry.

The applicant held an M.S. and documented seven publications and 37 citations, supported by two recommendation letters.

The petition received an RFE issued by Officer XM2415 and ultimately secured approval at the Texas Service Center after a premium processing upgrade, reflecting how NIW cases with developing citation counts can still be approved when the RFE response clarifies positioning and evidentiary linkage to the proposed endeavor.

Notable: The petition explicitly references an RFE from Officer XM2415 and reflects a premium processing upgrade at TSC.

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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%