A Request for Evidence, or RFE, is not a final adjudication outcome, but it reflects a more demanding stage of review. In the I-140 context, an RFE often signals that the adjudicating officer requires a clearer explanation of eligibility, a stronger evidentiary connection between the applicant’s record and the governing legal standard, or additional clarification regarding the applicant’s proposed work and its significance. Once a petition enters this stage, the case is evaluated under heightened scrutiny and must remain internally consistent, well-supported, and strategically positioned to achieve approval.

The following six success stories highlight I-140 approvals secured after RFE review, including two EB-1A approvals and four NIW approvals. These cases demonstrate how procedural complexity, prior filing history, varying evidentiary profiles, and service center movement can influence adjudication while still resulting in favorable outcomes when the overall petition record remains persuasive.

Cases With Inherent Challenges

Prior Filing History Involving EB-1A Scrutiny

Several cases involved prior or related filing complications before approval was ultimately secured. One NIW approval involved an applicant who had first filed an NIW petition and later pursued an EB-1A petition that received an RFE and was denied, adding complexity to the overall adjudication history. Another EB-1A approval involved an earlier EB-1A filing that received an RFE before being withdrawn and later refiled. These procedural histories increase adjudicative complexity because the applicant’s record must remain credible and persuasive despite prior scrutiny.

Service Center Transfers and Extended Adjudication Timelines

One NIW petition experienced a transfer from the Nebraska Service Center to the Texas Service Center and proceeded without premium processing, remaining pending for more than 800 days before approval was secured. Procedural movement between service centers can increase the complexity of adjudication because the petition must maintain consistency across different reviewing environments.

Variation in Supporting Letters

The cases reflected different levels of supporting documentation. While several petitions included recommendation letters, others proceeded with limited or no supporting letters, requiring the objective record and overall petition narrative to carry greater weight during RFE review.

EB-1A Approvals After RFE (2)

#1: EB-1A in Experimental Condensed Matter Physics

This EB-1A approval involved a Research Scientist, born in China and residing in the United States, who proposes to continue in the same role. Filed in Experimental Condensed Matter Physics, the petition received an RFE from Officer EX0070 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a strong scholarly record consisting of 16 publications and 239 citations, including recent peer-reviewed work published in 2025. The petition was supported by four recommendation letters and proceeded without testimonial letters.

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

#2: EB-1A in Biomedical Science

This EB-1A approval involved a Postdoctoral Associate, born in China and residing in the United States, who proposes to continue in the same role. Filed in Biomedical Science, the petition followed a more procedurally complex path after an earlier EB-1A filing received an RFE from Officer XM1861 and was later withdrawn before the refiled petition achieved approval.

The applicant held a STEM Ph.D. and presented a developing but credible scholarly profile consisting of 10 publications and 517 citations, with the latest peer-reviewed publication appearing in 2023. The filing was supported by four recommendation letters and no testimonial letters were included.

The case proceeded through the Texas Service Center with a premium processing upgrade.

Notable: This approval is notable for securing a refiled EB-1A approval after a prior petition received an RFE and was withdrawn.

NIW Approvals After RFE (4)

#3: NIW in Oral and Maxillofacial Surgery

This NIW approval involved a Research Scholar, born in Turkey and residing in the United States, who proposes to become an Assistant Professor. Filed in Oral and Maxillofacial Surgery, the applicant initially filed an NIW petition, followed by an EB-1A petition. The NIW has been approved, while the EB1A has received an RFE from Officer XM0034 and was ultimately denied.

The applicant held a STEM Ph.D. and presented an extensive scholarly record consisting of 44 publications and 485 citations, including recent peer-reviewed work published in 2024. The petition was supported by four recommendation letters and no testimonial letters were submitted.

The case proceeded through the Nebraska Service Center with a premium processing upgrade before approval was secured.

Notable: This approval is notable for achieving NIW approval following a related EB-1A denial after RFE review.

#4: NIW in Neuroimmunology

This NIW approval involved a Postdoctoral Associate, born in India and residing in the United States, who proposes to continue in the same role. Filed in Neuroimmunology, the petition received an RFE from Officer XM1926 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented an early-stage scholarly profile consisting of 3 publications and 77 citations, with the most recent peer-reviewed publication appearing in 2022. The filing included two recommendation letters and one testimonial letter.

The case was adjudicated at the Texas Service Center with a premium processing upgrade.

#5: NIW in Transportation Infrastructure Performance and Safety Analysis

This NIW approval involved a Transportation Engineer in industry, born in China and residing in the United States, who proposes to continue in the same role. Filed in Transportation Infrastructure Performance and Safety Analysis, the petition received an RFE from Officer XM2479 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a developing scholarly profile consisting of 15 publications and 107 citations, with recent peer-reviewed work published in 2024. The petition proceeded without any supporting letters.

The case proceeded through the Texas Service Center with a premium processing upgrade.

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

#6: NIW in Civil Engineering

This NIW approval involved a Geotechnical Engineer in industry, born in Nepal and residing in the United States, who proposes to continue in the same role. Filed in Civil Engineering, the petition received an RFE from Officer XM2581 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a developing scholarly record consisting of 13 publications and 43 citations, with the latest peer-reviewed work published in 2023. The filing included two recommendation letters and no testimonial letters.

The case was transferred from the Nebraska Service Center to the Texas Service Center and proceeded without premium processing, resulting in a longer adjudication timeline of 822 days.

Notable: This approval is notable for overcoming RFE review despite a lengthy non-premium-processing timeline and a service center transfer.