A Request for Evidence (RFE) is not a final adjudication outcome, but rather 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 five I-140 approvals achieved after RFE review or prior adverse procedural history, including two EB-1A approvals and three NIW approvals. These cases reflect procedural transfers between service centers, a related EB-1A petition that received an RFE and was withdrawn, and filings supported by varying levels of recommendation and testimonial evidence. Together, they demonstrate that favorable outcomes remain achievable even after intensified scrutiny and adjudicative complexity.

Cases With Inherent Challenges

Approval After Adjudicative Challenges

One approval involved an NIW petition where a related EB-1A petition received an RFE and was ultimately withdrawn. This kind of parallel or related adjudicative history can add complexity because the approved petition must remain persuasive under its own legal framework while the applicant’s broader record has also faced heightened scrutiny in another petition category.

Procedural Transfers Between Service Centers

Both EB-1A approvals involved multiple transfers between the Nebraska Service Center and the Texas Service Center during adjudication. Such procedural movement can increase complexity because the petition must remain internally consistent and persuasive while being reviewed across different adjudicative environments and officer perspectives.

Petitions Proceeding With Limited Supporting Letters

Several approvals were secured with limited supporting letters, including one NIW petition that proceeded without any recommendation or testimonial letters and other filings that did not include testimonial letters. When a petition proceeds with limited supporting documentation, the case must rely more heavily on objective evidence, professional accomplishments, publication and citation records, and the overall consistency of the evidentiary presentation.

EB-1A Approvals After RFE (2)

#1: EB-1A in Distributed Data Engineering

This EB-1A approval involved a Software Development Engineer in industry, born in India and residing in the United States, who proposes to continue in the same role. Filed in Distributed Data Engineering, the petition received an RFE from Officer TSC1443 before ultimately securing approval.

The applicant held a STEM master's degree and presented a scholarly profile consisting of 8 publications and 270 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

The adjudication involved multiple procedural transfers, moving from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center with upfront premium processing.

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

#2: EB-1A in Food Science

This EB-1A approval involved an Associate Scientist, born in China and residing in the United States, who proposes to continue in the same role. Filed in Food Science, the petition received an RFE from Officer XM2532 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a strong scholarly profile consisting of 22 publications and 535 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 6 recommendation letters and proceeded without testimonial letters.

The adjudication involved multiple procedural 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 EB-1A approval after RFE review while undergoing multiple service center transfers.

NIW Approvals After RFE (3)

#3: NIW in Clinical Medicine

This NIW approval involved a Categorical Resident, born in the United Kingdom and residing in the United States, who proposes to continue in the same role. Filed in Clinical Medicine, the applicant initially filed an NIW petition, followed by an EB1A petition. The NIW has been approved, while the EB1A has received an RFE from Officer NSC0858 and was ultimately withdrawn.

The applicant held an M.B.B.S. degree and presented a substantial scholarly profile consisting of 62 publications and 1,360 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without any supporting letters.

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

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

#4: NIW in Biostatistics

This NIW approval involved a Postdoctoral Researcher, born in China and residing in the United States, who proposes to continue in the same role. Filed in Biostatistics, the petition received an RFE from Officer XM2484 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a focused scholarly profile consisting of 7 publications and 409 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 6 recommendation letters and proceeded without testimonial letters.

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

#5: NIW in Oceanography

This NIW approval involved a Ph.D. student, born in Bangladesh and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Oceanography, the petition received an RFE from Officer XM2582 before approval was ultimately secured.

The applicant held a STEM master's degree and presented a developing scholarly profile consisting of 2 publications and 47 citations, with peer-reviewed work published as recently as 2019. The filing was supported by 2 recommendation letters and 2 testimonial letters.

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