A Request for Evidence (RFE) is not a final adjudication outcome, but it signals that a petition has entered a more demanding stage of review. In the I-140 context, an RFE reflects the adjudicating officer’s need for a clearer articulation of eligibility, a stronger evidentiary connection between the applicant’s record and the governing legal standard, or a more persuasive explanation of the proposed work. Once a case progresses beyond this stage, the petition is evaluated under heightened scrutiny and must remain coherent, consistent, and well-supported to achieve approval.

The following success stories highlight six I-140 approvals secured after RFE review or complex adjudication history, including one EB-1A approval and five NIW approvals. These cases reflect varying levels of evidentiary strength, procedural movement, and related adjudication histories, demonstrating how petitions can still succeed under increased scrutiny when the overall record remains persuasive.

Cases With Inherent Challenges

Navigating Related Filing Scrutiny

Adjudication becomes more complex when an applicant pursues multiple visa classifications. In one instance, an NIW petition was approved after an RFE, despite the applicant’s related EB-1A petition also receiving an RFE and a subsequent denial. This highlights the ability of a petition to remain independently persuasive and succeed even when a parallel filing in a more demanding category faces adverse results.

Multiple Service Center Transfers

Several cases experienced intricate procedural movements, including transfers between the Nebraska Service Center and the Texas Service Center. Such cross-service-center movement requires the petition to maintain strict consistency and clarity across different reviewing environments and adjudicative perspectives.

Limited Supporting Documentation

The evidentiary profiles in this group varied significantly, with some cases proceeding with very few or even no supporting letters. Two NIW cases achieved approval without any recommendation or testimonial letters, placing the entire burden of proof on the applicant's objective record. In these situations, the strength of the publication and citation profile must inherently carry greater weight to establish eligibility.

EB-1A Approval After RFE (1)

#1: EB-1A in Virology

This EB-1A approval involved a Postdoctoral Associate, born in Taiwan and residing in the United States, who proposes to continue in the same role. Filed in Virology, the petition received an RFE from Officer XM2042 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a robust scholarly record consisting of 11 publications and 496 citations, with recent peer-reviewed work published in 2025. The filing was supported by four recommendation letters and proceeded without any testimonial letters.

The case was adjudicated at the Texas Service Center utilizing upfront premium processing.

NIW Approvals After RFE (5)

#2: NIW in Biotechnologies

This NIW approval involved a Research Scientist, born in Pakistan and residing in the United States, who proposes to remain in the same role. The applicant initially filed an NIW petition, followed by an EB1A petition. The NIW received an RFE from Officer XM2191 and was ultimately approved, while the EB1A received an RFE from Officer XM1767 and was subsequently denied.

The applicant held a STEM Ph.D. and presented a substantial academic profile that included 24 publications and 435 citations. The most recent peer-reviewed work was published in 2023, and the petition was supported by two recommendation letters with no testimonial letters included.

The adjudication involved multiple transfers, moving 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 status after an RFE review through multiple service center transfers, while a separate EB1A petition also received an RFE and was denied.

#3: NIW in Analytical Chemistry

This NIW approval involved a Ph.D. student, born in Bangladesh and residing in the United States, who proposes to become a Postdoctoral Researcher. Filed in Analytical Chemistry, the petition received an RFE from Officer EX5080 before approval was secured.

The applicant held a STEM master’s degree and presented a developing scholarly record consisting of 3 publications and 24 citations. The record included recent peer-reviewed work published in 2024 and was supported by two recommendation letters and no testimonial letters.

The case was adjudicated at the Nebraska Service Center and proceeded with a premium processing upgrade.

#4: NIW in Pharmacology & Toxicology

This NIW approval involved an Associate Researcher, born in China and residing in the United States, who proposes to continue in the same role. Filed in Pharmacology & Toxicology, the petition received an RFE from Officer XM2021 before approval was ultimately achieved.

The applicant held a STEM Ph.D. and presented a scholarly record of 10 publications and 101 citations, with recent work published in 2024. The petition proceeded without any supporting letters.

The case experienced multiple procedural transfers, moving from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center, utilizing a premium processing upgrade.

Notable: This approval is notable for achieving NIW approval after RFE review without any recommendation or testimonial letters while navigating multiple service center transfers.

#5: NIW in Biostatistics

This NIW approval involved an Associate Research Scientist, born in China and residing in the United States, who proposes to remain in the same role. Filed in Biostatistics, the petition received an RFE from Officer XM2055 before ultimately securing approval.

The applicant held a STEM master’s degree and presented a credible scholarly profile consisting of 9 publications and 51 citations. The filing included recent peer-reviewed work published in 2025 and was supported by two recommendation letters and no testimonial letters.

The case went through a complex procedural transfer, moving 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 while going through multiple service center transfers.

#6: NIW in Plant Pathology

This NIW approval involved a Postdoctoral Associate, born in China and residing in the United States, who proposes to continue in the same role. Filed in Plant Pathology, the petition received an RFE from Officer XM2479 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a focused scholarly record consisting of 4 publications and 171 citations. The filing included recent peer-reviewed work published in 2025 and proceeded without any supporting letters.

The case was adjudicated at 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.