A Request for Evidence, or RFE, is not a final outcome. In many employment-based filings, it simply indicates that the adjudicating officer requires clearer evidence, tighter legal framing, or a more direct explanation of how the record satisfies the governing standard. Even remarkably strong cases can face added scrutiny when they involve prior adverse history, service center transfers, or other procedural complications.

The following six success stories highlight approvals secured despite RFE-related complexity. This group includes one EB-1A case, four NIW cases, and one O-1A extension case. Together, they show that approval after an RFE depends not only on the applicant’s qualifications, but also on whether the case remains clear, consistent, and well-supported under closer review.

Cases With Inherent Challenges

Prior Denial History in a Later NIW Filing

One NIW approval followed a more difficult procedural path than the others. A prior NIW filing had received an RFE, was denied, and later had its appeal dismissed before the later NIW petition was approved.

Repeated Service Center Transfers During Review

Several approvals did not remain in a single adjudicative track. Multiple cases moved between the Nebraska Service Center and the Texas Service Center, while the O-1A extension was transferred from the California Service Center to the Vermont Service Center.

Uneven Research Profiles Under Similar Scrutiny

These cases reflect vastly different research records. Some applicants boasted citation counts in the thousands, while others successfully overcame RFEs with much smaller publication footprints, including one NIW case approved with only 2 publications and 25 citations.

Premium Processing Did Not Eliminate RFEs

Most of the approvals involved premium processing upgrades, while one case proceeded with upfront premium processing and still received an RFE. These cases show that premium processing may affect timing, but it does not prevent substantive scrutiny.

EB-1A Approvals After RFE (1)

#1: EB-1A in Artificial Intelligence

This EB-1A approval involved an applicant from China residing in the United States, who was a Ph.D. student and proposing to continue as a Postdoctoral Researcher. The petition in Artificial Intelligence received an RFE from Officer XM1566 before approval.

The applicant presented 20 publications, 1,669 citations, a latest peer-reviewed publication from 2025, and 8 recommendation letters.

The case moved from the Nebraska Service Center to the Texas Service Center and back to the Nebraska Service Center, with a premium processing upgrade.

Notable: This case combined a very strong citation record with an RFE from Officer XM1566 and multiple service center transfers before approval.

NIW Approvals After RFE (4)

#2: NIW in Internal Medicine

Practicing as a Hematology-Oncology physician, this Indian-born applicant residing in the United States secured an NIW approval in Internal Medicine after a highly complex procedural history. The initial NIW petition received an RFE from Officer XM2545 and was subsequently denied. Although the appeal was dismissed, the case was later refiled and ultimately approved.

The applicant holds an M.B.B.S., which is identified as a non-STEM field. Additionally, the applicant presented 13 publications, 1,492 citations, a latest peer-reviewed publication from 2024, and 5 recommendation letters.

The case remained at the Texas Service Center and proceeded with a premium processing upgrade.

Notable: Overcoming an earlier NIW denial and a dismissed appeal makes this the clearest example of a successful refiling strategy.

#3: NIW in Immunology

This NIW approval involved an applicant from China residing in the United States, working as a Postdoctoral Researcher in Immunology. The petition received an RFE from Officer XM2375 before approval.

The applicant held a Ph.D. and presented 4 publications, 106 citations, a latest peer-reviewed publication from 2021, and 2 recommendation letters.

The case bounced from the Nebraska Service Center to the Texas Service Center and back again, leveraging a premium processing upgrade.

Notable: This case was approved after RFE from Officer XM2375 despite a relatively short publication record and multiple service center transfers during review.

#4: NIW in Computer Science

A Vietnamese-born and residing in the United States, this Bioinformatics Programmer successfully navigated an RFE from Officer XM2498 to secure an NIW in Computer Science.

Holding a Ph.D., the applicant filed with 4 publications, 19 citations, a latest publication from 2024, and 2 recommendation letters.

The case moved from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center before approval, and the strategy included a premium processing upgrade.

Notable: With only 19 citations, this is a prime example of how a carefully positioned, lower-citation NIW profile can meet rigorous RFE requirements.

#5: NIW in Pharmaceutical Sciences

Working as a Research Scientist in industry, this Indian-born applicant living in the United States secured an NIW in Pharmaceutical Sciences after receiving an RFE from Officer XM2418.

Holding a master’s degree, the applicant presented a highly compact profile: 2 publications, 25 citations, a 2025 latest publication, 1 recommendation letter, and 1 testimonial letter.

The case transferred between the Nebraska and Texas Service Centers and proceeded with upfront premium processing.

Notable: This approval came after an RFE from Officer XM2418 and a combination of a limited publication record, modest citation history, and minimal letter support.

O-1A Extension Approvals After RFE (1)

#6: O-1A Extension in Physical Chemistry

This O-1A extension approval in Physical Chemistry involved an applicant from India, residing in the United States, who works as a Senior Scientist in Sequence Development in industry. The O-1A extension was filed after the EB-1B petition. While the EB-1B received an RFE from Officer XM1421 and is still pending, the O-1A extension has already been approved.

The applicant held a Ph.D. and presented 16 publications, 158 citations, a latest peer-reviewed publication from 2024, and 4 recommendation letters.

The case was transferred from the California Service Center to the Vermont Service Center and proceeded with a premium processing upgrade.

Notable: This case stands out because the O-1A extension was approved after a transfer from the California Service Center to the Vermont Service Center, all while the related EB-1B matter (which received an RFE from Officer XM1421) was still pending.

--------------------------------------------

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%