A Request for Evidence (RFE) represents one of the more demanding stages of adjudication in the employment-based immigration process. When USCIS issues an RFE, a petition undergoes additional scrutiny, and further evidence or clarification may be requested regarding the applicant’s qualifications and eligibility under the applicable immigration standard. Successfully navigating this stage requires an evidentiary record that remains organized, internally consistent, and directly responsive to the concerns raised during review.

The following success stories highlight 10 petition approvals after RFE review or adverse petition histories, including 3 EB-1A approvals, 6 NIW approvals, and 1 O-1A approval. Several cases presented circumstances that added complexity to adjudication, including a previously withdrawn petition, multiple service center transfers, applicants residing outside the United States, a petition filed in a non-STEM field, and petitions that initially proceeded without supporting letters.

Cases With Inherent Challenges

Prior Petition Withdrawal and Refiling

One EB-1A approval involved an applicant whose prior EB-1A petition received an RFE and was subsequently withdrawn. The applicant secured approval through a refiled petition that also underwent RFE review. Such circumstances highlight the importance of independently establishing eligibility through a complete and well-organized evidentiary record, particularly when a petition history includes unresolved evidentiary concerns.

Multiple Service Center Transfers

Three petitions underwent multiple transfers between the Nebraska Service Center and the Texas Service Center during adjudication. Such procedural movement can add administrative complexity because the evidentiary record must remain clearly organized and internally consistent throughout review across different service center operations.

Applicants Residing Outside the United States

Two approvals involved applicants residing outside the United States, specifically in Spain and Malaysia. These cases demonstrate that residing outside the United States did not prevent the petitions from being approved, provided that the applicable eligibility requirements were established through the evidentiary record.

EB-1A Approvals After RFE (3)

#1: EB-1A in Materials Engineering

This EB-1A approval involved a Materials Engineer in industry, born in Iran and residing in Spain, who proposes to work as a Battery Engineer/Scientist in industry. Filed in Materials Engineering, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 31 publications and 2,931 citations, with peer-reviewed work published as recently as 2022. The petition included 4 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-1A approval after RFE review while the applicant was residing outside the United States.

#2: EB-1A in Bioinorganic Chemistry

This EB-1A approval involved an Assistant Professor, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Bioinorganic Chemistry, the petition received an RFE from Officer XM2145 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 62 publications and 1,767 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 recommendation letters and no testimonial letters, while 5 additional recommendation letters and 2 testimonial letters were submitted as part of the RFE response.

The petition underwent transfers 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.

#3: EB-1A in Chemical Engineering

This EB-1A approval involved a Senior Scientist in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Chemical Engineering, the applicant secured approval through a refiled EB-1A petition after a prior petition received an RFE from Officer XM1452 and was withdrawn. The refiled petition also received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 44 publications and 11,773 citations, with peer-reviewed work published as recently as 2025. The initial filing included 5 recommendation letters and 1 testimonial letter, while 2 additional recommendation letters were submitted with the RFE response.

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

Notable: This approval is notable for securing EB-1A approval through a refiled petition that also received an RFE, following the withdrawal of a prior EB-1A petition after RFE review.

NIW Approvals After RFE (6)

#4: NIW in Artificial Intelligence

This NIW approval involved a Postdoctoral Associate, born in Nepal and residing in the United States, who proposes to work as a Postdoctoral Scientist in Generative Artificial Intelligence in industry. Filed in Artificial Intelligence, the petition received an RFE from Officer TSC1951 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 3 publications and 52 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without any supporting letters, while 3 recommendation letters were submitted as part of the RFE response.

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

#5: NIW in Computer Science

This NIW approval involved a Software Engineer 2 in industry, born in Pakistan and residing in the United States, who proposes to remain in the same employment. Filed in Computer Science, the petition received an RFE from Officer XM2366 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 5 publications and 57 citations, with peer-reviewed work published as recently as 2026. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 6 recommendation letters were submitted with the RFE response.

The petition underwent transfers 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 NIW approval after RFE review while undergoing multiple service center transfers.

#6: NIW in Neuroscience

This NIW approval involved a Postdoctoral Employee in industry, born in Iran and residing in the United States, who proposes to remain in the same employment. Filed in Neuroscience, the petition received an RFE from Officer XM1761 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 11 publications and 142 citations, with peer-reviewed work published as recently as 2023. The initial filing included 2 recommendation letters and no testimonial letters, while 2 additional recommendation letters were submitted as part of the RFE response.

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

#7: NIW in Public Health Epidemiology

This NIW approval involved a Senior Lecturer I, born in the Philippines and residing in Malaysia, who proposes to work as an Assistant Professor in industry. Filed in Public Health Epidemiology, the petition received an RFE from Officer XM1857 before approval was ultimately secured.

The applicant held a master’s degree and demonstrated a scholarly record consisting of 13 publications and 104 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while 3 additional recommendation letters were submitted with the RFE response.

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

Notable: This approval is notable for securing NIW approval after RFE review in a non-STEM field while the applicant was residing outside the United States.

#8: NIW in Cancer Immunology

This NIW approval involved a Postdoctoral Associate, born in Spain and residing in the United States, who proposes to remain in the same employment. Filed in Cancer Immunology, the petition received an RFE from Officer XM1986 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 7 publications and 86 citations, with peer-reviewed work published as recently as 2026. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 5 recommendation letters were submitted as part of the RFE response.

The petition underwent transfers 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 NIW approval after RFE review while undergoing multiple service center transfers.

#9: NIW in Computational Biology

This NIW approval involved a Senior Machine Learning Scientist II in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Computational Biology, the petition received an RFE from Officer XM2366 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 5 publications and 157 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting letters, while 4 recommendation letters were submitted as part of the RFE response.

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

O-1A Approval After RFE (1)

#10: O-1A in Organic and Process Chemistry

This O-1A approval involved a Senior Research Chemist in industry, born in China and residing in the United States, who proposes to work as a Research Scientist III in industry. Filed in Organic and Process Chemistry, the petition received an RFE from the Vermont Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 26 publications and 340 citations, with peer-reviewed work published as recently as 2024. The initial filing included 4 recommendation letters and no testimonial letters, while 5 additional recommendation letters were submitted as part of the RFE response.

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