This case study is based on actual matters handled by Song Law Firm. To protect client confidentiality, all identifying information — including names, nationality, affiliations, and specific dates — has been anonymized and generalized. The narrative consolidates common patterns from multiple cases so that no single matter is identifiable, and certain facts have been altered for confidentiality. Song Law Firm makes no guarantee or promise of any particular outcome. This document is not advertising that promises results. Visa and immigration outcomes vary substantially based on USCIS review, facts, evidence, and policy changes; past results do not guarantee future outcomes. For specific legal advice, please consult an attorney directly.
Client Profile
Korean-American applicants who filed I-140 (NIW or EB-1A) petitions and received an RFE (Request for Evidence) from USCIS. RFE is generally issued when USCIS finds the initially submitted evidence insufficient and requests additional documentation. The client group received RFE primarily on Dhanasar prong 1 (national importance) or prong 2 (well-positioned), to which Song Law Firm executed a structured response. This pattern consolidates common profiles among RFE-resolved NIW cases handled by Song Law Firm.
Background
Receiving an RFE does not mean denial; it is a formal request from USCIS to fill specific evidentiary gaps. However, statutory response timelines must be strictly observed, and the response quality directly determines the outcome. The client group felt anxiety about the prospect of denial after receiving RFE, but Song Law Firm responded with a structured plan.
Legal Framework
The procedural basis for RFE is 8 C.F.R. § 103.2(b)(8), which sets the response period generally up to 87 calendar days (varies by RFE type, with specific deadlines in each notice). Substantively, response must focus on the specific evidentiary points raised. For NIW, response addresses each Dhanasar prong; for EB-1A, evidence is reorganized along Kazarian two-step framework.
Song Law Firm Strategy
Song Law Firm executed RFE response in four phases.
First, RFE deconstruction — every adjudicator point was itemized as a list to ensure no item was missed in response.
Second, additional evidence procurement — newly supplemented or strengthened expert opinion letters, citation analysis, U.S. federal agency publications, news/media coverage, etc.
Third, response brief drafting — legal arguments by point and evidence mapping by item were summarized in a cover brief.
Fourth, internal review and submission — quality control to confirm no point was missed before submission.
Process and Timeline
After RFE was issued, Song Law Firm targeted submission within approximately 60 days. Submission was made before the deadline shown on the RFE notice, and USCIS issued the final decision within several weeks to a few months thereafter.
Outcome
After RFE response, the I-140 NIW petition received an Approval Notice from USCIS. Where the priority date was current, the case proceeded to I-485 Adjustment of Status.
Key Takeaways
RFE is not a precursor to denial — it is a structured opportunity. Every point of concern raised by USCIS must be answered comprehensively, and evidence supplementation should focus on closing gaps rather than repeating existing materials. With a clear response strategy and timeline management, RFEs are well within reach of approval.
Consultation — Four Channels
📞 (201) 461-0031
✉ office@songlawfirm.com
🌐 songlawfirm.com/consultation/
📍 Parker Plaza, 400 Kelby St, 19th Floor, Fort Lee, NJ 07024
⚠ Notice
This case study is based on actual matters handled by Song Law Firm. To protect client confidentiality, all identifying information — including names, nationality, affiliations, and specific dates — has been anonymized and generalized. The narrative consolidates common patterns from multiple cases so that no single matter is identifiable, and certain facts have been altered for confidentiality.
Song Law Firm makes no guarantee or promise of any particular outcome, and this document is not advertising that promises results. Visa and immigration outcomes vary substantially based on USCIS review, facts, evidence, and policy changes; past results do not guarantee future outcomes. For specific immigration legal advice, please consult an attorney directly.
