A Request for Evidence (RFE) represents one of the more demanding stages of adjudication in the employment-based immigration process. Once USCIS issues an RFE, the petition undergoes additional scrutiny, and the adjudicating officer may seek further documentation or clarification 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 responsive to the issues raised during review.

The following success stories highlight 10 I-140 approvals secured after RFE review. These approvals include 2 EB-1A petitions and 8 NIW petitions. Several cases involved circumstances that added complexity to adjudication, including prior petition withdrawals or denials, a refiled petition, multiple service center transfers, petitions without recommendation or testimonial letters, and an applicant residing outside the United States.

Cases With Inherent Challenges

Related Adverse Petition History

Several approvals involved related petition histories that added complexity to adjudication, including petitions that received RFEs, denials, or withdrawals. Such histories can add complexity because each filing must independently establish eligibility under its applicable legal standard while maintaining a clear, consistent, and well-supported evidentiary record.

Multiple Service Center Transfers

Several petitions underwent multiple service center transfers before final adjudication, moving from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center. Such procedural movement can add complexity because the petitions must remain logically structured, internally consistent, and persuasive throughout review by different service center operations.

Limited or No Supporting Letters

Two petitions proceeded without recommendation or testimonial letters, while several others relied on a limited number of supporting letters. In these circumstances, adjudication depended more heavily on objective evidence such as academic credentials, publication records, citation impact, professional or research experience, and other documentation supporting the applicants’ qualifications.

EB-1A Approvals After RFE (2)

#1: EB-1A in Aerospace Engineering

This EB-1A approval involved an Assistant Professor, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Aerospace Engineering, the applicant’s first EB-1A petition received an RFE from Officer XM1291 and was withdrawn, while the subsequent EB-1A petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 54 publications and 741 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

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

Notable: This approval is notable for securing EB-1A approval after RFE review despite an earlier EB-1A petition receiving an RFE and being withdrawn.

#2: EB-1A in Cancer Epigenetics

This EB-1A approval involved a Research Scientist, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Cancer Epigenetics, the applicant’s first EB-1A petition received an RFE from Officer XM1452 and was denied, while the refiled EB-1A petition subsequently received an RFE from Officer XM1728 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 10 publications and 400 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 13 recommendation letters and proceeded without testimonial letters.

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

Notable: This approval is notable for securing a refiled EB-1A approval after an RFE despite the applicant’s first EB-1A petition receiving an RFE and being denied.

NIW Approvals After RFE (8)

#3: NIW in Software Engineering

This NIW approval involved a Ph.D. student (Research Assistant), born in China and residing in the United States, who proposes to work as a Software Engineer in industry. Filed in Software Engineering, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 4 publications and 29 citations, with peer-reviewed work published as recently as 2023. The petition 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 after RFE review without recommendation or testimonial letters.

#4: NIW in Nutrition Science

This NIW approval involved a Ph.D. student (Graduate Researcher), born in China and residing in the United States, who proposes to work as an Assistant Professor, Integrative Health & Nutrition. Filed in Nutrition Science, the petition received an RFE from Officer XM2622 before approval was ultimately secured.

The applicant held a STEM master's degree and had authored 3 publications, with peer-reviewed work published as recently as 2025. The filing proceeded without recommendation letters and was supported by 4 testimonial letters.

The adjudication involved 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.

#5: NIW in Inorganic Chemistry

This NIW approval involved a Research Associate, born in Colombia and residing in the United States, who proposes to remain in the same employment. Filed in Inorganic Chemistry, the petition received an RFE from Officer XM2149 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 6 publications and 88 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The adjudication involved 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.

#6: NIW in Computer Science

This NIW approval involved a Ph.D. student (Graduate Student Research Assistant), born in Egypt and residing in the United States, who proposes to work as a Research Scientist in industry. Filed in Computer Science, the applicant initially filed an NIW petition, followed by an EB-1A petition. The EB-1A received an RFE from Officer XM1706 and was denied, while the NIW received an RFE from the Nebraska Service Center before approval was ultimately granted.

The applicant held a STEM master's degree and demonstrated a substantial scholarly record consisting of 17 publications and 551 citations, with peer-reviewed work published as recently as 2025. The petition proceeded without any supporting letters.

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

Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters despite a related EB-1A petition receiving an RFE and being denied.

#7: NIW in Electrical Engineering

This NIW approval involved a Senior Power Systems Engineer in industry, born in Bangladesh and residing in the United States, who proposes to remain in the same employment. Filed in Electrical Engineering, the petition received an RFE from Officer XM2416 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 10 publications and 63 citations, with peer-reviewed work published as recently as 2019. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The adjudication involved 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.

#8: NIW in Microbiology

This NIW approval involved a Postdoctoral Researcher, born in China and residing in Germany, who proposes to become an Assistant Professor. Filed in Microbiology, the applicant’s first NIW petition received an RFE from Officer EX5132 and was denied, while the refiled NIW petition subsequently received an RFE from Officer XM2175 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 3 publications and 93 citations, with peer-reviewed work published as recently as 2019. The filing was supported by 3 recommendation letters and proceeded without testimonial letters.

The petition involved 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 through a refiled petition after an RFE and multiple service center transfers while the applicant was residing outside the United States, despite the applicant’s first NIW petition receiving an RFE and being denied.

#9: NIW in Chemical Engineering

This NIW approval involved a Research Professional I, born in South Africa and residing in the United States, who proposes to remain in the same employment. Filed in Chemical Engineering, the petition received an RFE from Officer XM2481 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 6 publications and 65 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 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.

#10: NIW in Educational Technology

This NIW approval involved a Ph.D. student (Graduate Research Assistant), born in China and residing in the United States, who proposes to work as an Assistant Professor. Filed in Educational Technology, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated an extensive scholarly record consisting of 27 publications and 313 citations, with peer-reviewed work published as recently as 2026. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

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