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 adjudication process. In employment-based immigrant petitions, an RFE generally indicates that the adjudicating officer requires a clearer articulation of eligibility, a stronger evidentiary connection between the applicant’s accomplishments and the governing legal standard, or additional clarification regarding the applicant’s proposed work and broader impact. Once a petition enters this stage, the filing is evaluated under heightened scrutiny and must remain strategically positioned, internally consistent, and well-supported to ultimately secure approval.

The following success stories highlight four I-140 approvals achieved after RFE review or prior adverse adjudication history, including one EB-1A approval, one EB-1B approval, and two NIW approvals. These cases reflect varied scholarly profiles, prior denial history, differing processing timelines, and petitions proceeding with relatively limited supporting documentation, demonstrating that approval remains achievable even after intensified scrutiny and procedural complications.

Cases With Inherent Challenges

Prior Denial Before Subsequent Approval

One EB-1B approval was secured after the applicant’s earlier EB-1A petition had gone through RFE review and was ultimately denied. Prior denial history increases adjudicative complexity because the subsequent filing must overcome earlier concerns while presenting a clearer and more persuasive evidentiary record under renewed review.

Limited Scholarly Metrics and Supporting Documentation

Some approvals involved applicants with developing or comparatively modest scholarly profiles, including limited citation counts and only a small number of recommendation letters. In such cases, the petitions relied more heavily on the consistency of the applicant’s professional background, technical specialization, and the overall coherence of the evidentiary presentation during RFE review.

Varied Processing Paths and Adjudicative Timelines

The approvals also reflected varied adjudicative paths, including both upfront premium processing filings and petitions that remained pending for extended periods without premium processing. These differing procedural circumstances required the petitions to maintain consistency and evidentiary strength throughout the adjudication process despite varying review timelines and officer scrutiny.

EB-1A Approval After RFE (1)

#1: EB-1A in Physics

This EB-1A approval involved an Associate Research Scholar, born in India and residing in the United States, who proposes to continue in the same role. Filed in Physics, the petition received an RFE from Officer EX5199 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a strong scholarly profile consisting of 28 publications and 479 citations, including peer-reviewed work published as recently as 2024. The filing was supported by four recommendation letters and proceeded without testimonial letters.

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

EB-1B Approval After RFE (1)

#2: EB-1B in Mechanical Engineering

This EB-1B approval involved an Assistant Professor, born in India and residing in the United States, who proposes to continue in the same role. Filed in Mechanical Engineering, the approval followed a prior EB-1A petition that had received an RFE from Officer XM1452 and was ultimately denied before the EB-1B petition was later approved.

The applicant held a STEM Ph.D. and presented a persuasive scholarly profile consisting of 7 publications and 482 citations, with peer-reviewed work published as recently as 2023. The filing included five recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Nebraska Service Center without premium processing and remained pending for 390 days before approval was secured.

Notable: This approval is notable for achieving EB-1B approval after a prior EB-1A petition received an RFE and was denied.

NIW Approvals After RFE (2)

#3: NIW in Electrical Engineering

This NIW approval involved a Postdoctoral Researcher, born in Nepal and residing in the United States, who proposes to continue in the same role. Filed in Electrical Engineering, the petition received an RFE from Officer XM2417 before approval was ultimately secured.

The applicant held a STEM master’s degree and presented a developing scholarly profile consisting of 7 publications and 22 citations, including peer-reviewed work published in 2024. The filing was supported by two recommendation letters and proceeded without testimonial letters.

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

#4: NIW in Artificial Intelligence

This NIW approval involved a Senior Machine Learning Engineer in industry, born in China and residing in the United States, who proposes to continue in the same role. Filed in Artificial Intelligence, the petition received an RFE from the Texas Service Center before approval was ultimately achieved.

The applicant held a STEM Ph.D. and presented a credible scholarly record consisting of 8 publications and 186 citations, with peer-reviewed work published as recently as 2023. The filing included two recommendation letters and no testimonial letters.

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