A Request for Evidence, or RFE, is not a final adjudication outcome. In many I-140 cases, it reflects the adjudicating officer’s need for clearer evidentiary linkage, tighter legal framing, or a more direct explanation of how the petition satisfies the governing standard. RFEs often arise even in strong cases, especially when the procedural history includes refiling, prior withdrawal, service center movement, or unusually long review timelines.

The following nine success stories highlight I-140 approvals secured after RFE-related complications. This group includes three EB-1A approvals and six NIW approvals. Together, these cases show that approval after an RFE depends not only on the applicant’s qualifications but also on whether the filing remains coherent, well supported, and durable enough to withstand closer scrutiny.

Cases With Inherent Challenges

Prior RFE History, Withdrawal, and Refiling

These success stories include an EB-1A matter that had previously received an RFE and was later withdrawn, but eventually approved after refiling. It also features an NIW case that moved forward to approval despite earlier RFE activity in another category. Such procedural histories highlight the critical importance of consistency, timing, and ensuring a subsequent filing can stand strongly on its own.

Repeated Service Center Transfers During Review

Several approvals did not follow a simple adjudicative path. Multiple cases bounced from the Nebraska Service Center to the Texas Service Center and back again before approval. Procedural movement of this kind complicates adjudication, as the case file must remain internally consistent even as review shifts across locations and officers.

Mixed Processing Strategies and Very Long Regular Timelines

These approvals reflect sharply different processing paths after RFE. Some cases proceeded through premium processing upgrades or upfront premium processing, while others remained in regular processing and reached timelines of 613, 761, and 834 days. That contrast shows there is no single procedural route to approval after an RFE, and that strong case organization remains important regardless of processing speed.

Uneven Research Profiles Under Similar Scrutiny

The approved cases span vastly different credential profiles. While some applicants had publication and citation records in the hundreds or thousands, others secured approval with much smaller research footprints, including one NIW case with only 2 publications and 46 citations. This range underscores a recurring feature of post-RFE I-140 adjudication: officers do not review numbers alone, but rather assess whether the full evidentiary picture is credible under the relevant standard.

EB-1A Approvals After RFE (3)

#1: EB-1A in Advanced Engineering Materials

This EB-1A approval involved an applicant from India residing in the United States, working as a Lead Engineer in Composite Mechanics in industry and proposing to continue in the same employment. The case followed a complex procedural path, as an earlier EB-1A filing had received an RFE from Officer XM1291 and was later withdrawn before the refile approval was secured.

The applicant held a Ph.D. in a STEM field and presented 16 publications, 264 citations, and a latest peer-reviewed publication from 2020, supported by six recommendation letters.

The petition was adjudicated at the Texas Service Center and upgraded with a premium processing upgrade.

Notable: This case stands out for overcoming an earlier RFE and withdrawal history, relying on a research profile where the latest peer-reviewed publication dates back to 2020.

#2: EB-1A in Civil Engineering

Working as a Materials Engineer in industry and proposing to remain in the same role, this Indian-born applicant residing in the United States successfully navigated an RFE from Officer XM2259 to secure an EB-1A approval.

The petition did not remain in a single adjudicative track, transferring from the Nebraska Service Center to the Texas Service Center and back again to the Nebraska Service Center.

Holding a STEM Ph.D., the applicant submitted 6 publications, 418 citations, and a latest peer-reviewed publication from 2024.

The case proceeded with a premium processing upgrade, and its path to approval involved both officer-level scrutiny and repeated transfers between service centers.

Notable: This approval involved multiple service center transfers.

#3: EB-1A in Child Neurology

This EB-1A approval involved an applicant from India residing in the United States, serving as an Assistant Professor and proposing to continue in the same role. The petition was filed in Child Neurology and received an RFE from Officer EX0718 before ultimately being approved.

The applicant held an M.B.B.S. in a non-STEM field and presented a substantial scholarly record of 26 publications, 435 citations, and a latest peer-reviewed publication from 2024, along with four recommendation letters.

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

Notable: The applicant secured EB-1A approval after an RFE, utilizing an M.B.B.S. background rather than a traditional doctoral pathway.

NIW Approvals After RFE (6)

#4: NIW in Materials Science

This NIW approval involved a Chinese-born Postdoctoral Scholar residing in the United States and proposing to continue in the same role. The applicant initially filed for NIW and subsequently filed an EB1A petition. The NIW case was approved, while the EB1A case received an RFE.

Holding a STEM Ph.D., this applicant presented a strong research profile with 65 publications, 2,163 citations, and a latest peer-reviewed publication from 2023, supported by two recommendation letters.

The case proceeded through regular processing at the Nebraska Service Center and reached a lengthy 761-day timeline before approval.

Notable: This case stands out for pairing a strong citation record with an unusually long 761-day regular adjudication path.

#5: NIW in Electrical Engineering

This NIW approval involved an applicant from China residing in the United States, employed as a Staff Health Algorithm Engineer in industry and proposing to continue in the same role. The petition received an RFE from Officer XM2533 before approval.

The applicant held a STEM Ph.D., and presented 4 publications, 222 citations, and a latest peer-reviewed publication from 2018, supported by four recommendation letters.

The case proceeded with a premium processing upgrade and moved through multiple transfers, from the Nebraska Service Center to the Texas Service Center and back again to the Nebraska Service Center.

Notable: This petition succeeded after an RFE despite the applicant’s latest peer-reviewed publication dating back to 2018 and multiple service center transfers.

#6: NIW in Computer Science

This NIW approval involved a Postdoctoral Researcher born and residing in France, who proposes to transition to a Research Scientist role. The petition received an RFE from Officer XM1926 in Computer Science.

The applicant held a Ph.D. in a STEM field and presented a modest research record that included 2 publications, 46 citations, a latest peer-reviewed publication from 2023, and 4 recommendation letters.

The case was adjudicated at the Texas Service Center and proceeded without premium processing, with a total documented timeline of 613 days.

Notable: This NIW was approved after an RFE despite a particularly small publication record and an extended 613-day regular processing timeline.

#7: NIW in Materials Engineering

This NIW approval was secured by an applicant from China residing in the United States, who works as an Associate Scientist and proposes to transition to a Research Scientist role. The petition overcame an RFE from Officer XM2417 before approval.

The applicant held a master’s degree in a STEM field and presented 6 publications, 58 citations, with 2 testimonial letters and a latest peer-reviewed publication from 2025.

The case moved from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center, and the strategy included an upfront premium processing.

Notable: This approval involved multiple service center transfers.

#8: NIW in Industrial and Production Engineering

An applicant from Bangladesh residing in the United States, currently working as a Research Assistant and proposing to continue in the same employment, secured NIW approval after receiving an RFE from Officer XM2513.

The applicant held a Ph.D. in a STEM field and presented 17 publications, 80 citations, and a latest peer-reviewed publication from 2023, without supporting letters.

The case remained at the Texas Service Center under regular processing and had a notably long timeline of 834 days.

Notable: This NIW approval came after RFE and was achieved without recommendation or testimonial letters, following 834 days in regular processing.

#9: NIW in Materials Science

This Indian-born Postdoctoral Research Associate, residing in the United States and proposing to remain in the same role, has secured an NIW approval after receiving an RFE from Officer XM1914.

The applicant held a Ph.D. in a STEM field and submitted 15 publications, 210 citations, and a latest peer-reviewed publication from 2024.

The case proceeded with a premium processing upgrade and was transferred from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center.

Notable: This approval involved multiple service center transfers and was approved without recommendation or testimonial letters.

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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%