A Request for Evidence, or RFE, represents a more demanding stage of review in the I-140 adjudication process rather than a final denial outcome. In employment-based immigrant petitions, an RFE generally indicates that the adjudicating officer requires a clearer articulation of eligibility, stronger evidentiary support connecting the applicant’s achievements to the governing legal standard, or additional clarification regarding the applicant’s proposed work and broader field impact. Once a petition enters this stage, the filing is subjected to heightened scrutiny and must remain strategically organized, internally consistent, and well-supported to ultimately secure approval.

The following success stories highlight nine I-140 approvals achieved after RFE review or prior adjudicative complications, including three EB-1A approvals, one EB-1B approval, and five NIW approvals. These cases reflect procedural transfers between service centers, refiled petitions following earlier denials, premium processing upgrades during adjudication, and approvals involving both highly cited and developing scholarly profiles. Together, they demonstrate that favorable outcomes remain achievable even after intensified review and procedural complexity.

Cases With Inherent Challenges

Prior Denials and Refiled Petitions

One approval involved a refiled EB-1B petition after an earlier EB-1B filing had received a Notice of Intent to Deny and was ultimately denied. The later refiled petition also received an RFE before approval was secured, adding complexity because the subsequent filing had to overcome prior adjudicative concerns while remaining persuasive under renewed scrutiny.

Procedural Transfers Between Service Centers

Two approvals involved procedural movement between the Texas Service Center and the Nebraska Service Center during adjudication. Such transfers increase adjudicative complexity because the petition must remain internally consistent and strategically persuasive while being evaluated across changing review environments and officer perspectives.

Diverse Scholarly Profiles Under Heightened Review

The approvals reflected a wide range of scholarly records, from applicants with more than one thousand citations to filings supported by comparatively modest publication and citation histories. These cases demonstrate that approval after RFE review may depend not only on numerical metrics, but also on the coherence of the evidentiary presentation, the consistency of the applicant’s professional trajectory, and the alignment between the proposed work and the governing legal framework.

EB-1A Approvals After RFE (3)

#1: EB-1A in Small Molecule Medicinal Chemistry

This EB-1A approval involved a Scientist I from India residing in the United States who proposes to continue in the same role. Filed in Small Molecule Medicinal Chemistry, the petition received an RFE from Officer EX5199 before approval was secured.

The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 28 publications and 667 citations, with peer-reviewed work published as recently as 2026. The filing included four recommendation letters and proceeded without testimonial letters.

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

#2: EB-1A in Biology

This EB-1A approval involved a Research Fellow from China residing in the United States who proposes to continue in the same role. Filed in Biology, the petition received an RFE from Officer EX5113 before approval was ultimately achieved.

The applicant held a STEM Ph.D. and presented a developing profile consisting of 11 publications and 496 citations, including peer-reviewed work published as recently as 2024. The filing included six recommendation letters and proceeded without testimonial letters.

The adjudication involved procedural transfers from the Texas Service Center to the Nebraska Service Center and later back to the Texas Service Center, with a premium processing upgrade.

Notable: This approval is notable for securing EB-1A approval after RFE review while the petition proceeded through multiple service center transfers.

#3: EB-1A in Biotechnology

This EB-1A approval involved a Senior Research Scientist from India residing in the United States who proposes to continue in the same role. Filed in Biotechnology, the petition received an RFE from Officer XM2084 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 56 publications and 1,259 citations, with peer-reviewed work published as recently as 2026. The filing included two recommendation letters and no testimonial letters.

The adjudication involved procedural transfers from the Nebraska Service Center to the Texas Service Center and later back to the Nebraska Service Center with upfront premium processing.  

Notable: This approval is notable for securing EB-1A approval after RFE review while the petition proceeded through multiple service center transfers.

EB-1B Approvals After RFE (1)

#4: EB-1B in Mechanical Engineering

This EB-1B approval involved a Lead Engineer in industry, born in India and residing in the United States, who proposes to continue in the same role. Filed in Mechanical Engineering, the petition followed an earlier EB-1B filing that had received a Notice of Intent to Deny from Officer EX0221 and was ultimately denied before the later refiled petition received an RFE from Officer EX0854 and secured approval.

The applicant held a STEM Ph.D. and presented a focused scholarly profile consisting of 11 publications and 59 citations, with peer-reviewed work published as recently as 2022. The filing included six recommendation letters and proceeded without testimonial letters.

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

Notable: This approval is notable for securing EB-1B approval through a refiled petition after an earlier EB-1B filing had received a Notice of Intent to Deny and was ultimately denied.

NIW Approvals After RFE (5)

#5: NIW in Cardiovascular Research

This NIW approval involved a Research Fellow from India residing in the United States who proposes to continue in the same role. The applicant first filed an NIW petition, followed by an EB-1A petition. The NIW petition filed in Cardiovascular Research was approved, while the EB-1A petition received an RFE from the Nebraska Service Center 0592 and was later denied. 

The applicant held an M.B.B.S. degree and presented a substantial scholarly profile consisting of 69 publications and 501 citations, with peer-reviewed work published as recently as 2024. The filing included two recommendation letters with no testimonial letters.

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

Notable: This approval is notable for securing NIW approval after a related EB-1A petition had received an RFE and was ultimately denied.

#6: NIW in Atmospheric Science

This NIW approval involved an Atmospheric Scientist from China residing in the United States who proposes to continue in the same role. The NIW petition filed in Atmospheric Science was approved, while the later-filed EB-1A petition received an RFE from Officer EX0592.

The applicant held a STEM Ph.D. and presented a credible profile consisting of 21 publications and 144 citations, including peer-reviewed work published as recently as 2024. The filing included two recommendation letters and proceeded without testimonial letters.

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

Notable: This approval is notable for securing NIW approval after a related EB-1A petition had received an RFE.

#7: NIW in Biology

This NIW approval involved a Postdoctoral Research Fellow from China residing in the United States who proposes to continue in the same role. The applicant first filed an NIW petition, followed by an EB-1A petition. The NIW petition filed in Biology was approved, while the EB-1A petition received an RFE from the Texas Service Center.

The applicant held a STEM Ph.D. and presented a profile consisting of 8 publications and 306 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without supporting letters.

The petition was adjudicated through the Texas Service Center without premium processing over a lengthy adjudication period of 554 days.

Notable: This approval is notable for securing NIW approval after a related EB-1A petition had received an RFE, without recommendation or testimonial letters.

#8: NIW in Neurosurgical Oncology

This NIW approval involved a Research Scientist from Turkey residing in the United States who proposes to continue in the same role. Filed in Neurosurgical Oncology, the petition received an RFE from Officer XM2149 before approval was ultimately secured.

The applicant held an M.D. and presented a profile consisting of 21 publications and 78 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without recommendation letters but included one testimonial letter.

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

Notable: This approval is notable for securing NIW approval in a non-STEM field after RFE.

#9: NIW in Computer Science

This NIW approval involved a Research Scientist in industry, born in China and residing in the United States, who proposes to continue in the same role. Filed in Computer Science, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM master’s degree and presented a developing scholarly profile consisting of 7 publications and 28 citations, with peer-reviewed work published as recently as 2025. The filing included two recommendation letters and no testimonial letters. 

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