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. 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 ten I-140 approvals achieved after RFE review, including three EB-1A approvals and seven NIW approvals. These cases reflect different forms of adjudicative complexity, including multiple service center transfers, petitions supported by limited supporting letters, and approvals in both STEM and non-STEM disciplines. Together, they demonstrate that favorable outcomes remain achievable when the evidentiary record remains coherent, responsive, and aligned with the applicable legal standard.

Cases With Inherent Challenges

Procedural Transfers Between Service Centers

Several approvals involved transfers between the Nebraska Service Center and the Texas Service Center before final adjudication. Such procedural movement can add complexity because the petition must remain persuasive and internally consistent while being reviewed across different adjudicative environments and officer perspectives.

Petitions Proceeding With Limited Supporting Letters

Multiple approvals proceeded with either very limited recommendation support or no supporting letters at all. In these circumstances, the petition must rely more heavily on objective evidence, including publication records, citation impact, professional accomplishments, and the overall consistency between the applicant’s proposed work and documented achievements.

Approval in a Non-STEM Field

One EB-1A approval involved a non-STEM field. This can add complexity because the applicant’s accomplishments and influence must be presented in a way that remains persuasive under the EB-1A standard, even when the field does not fit a traditional STEM research profile.

EB-1A Approvals After RFE (3)

#1: EB-1A in Machine Learning

This EB-1A approval involved a Software Engineer in industry, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Machine Learning, the petition received an RFE from Officer XM1258 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly profile consisting of 16 publications and 1,491 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 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 Reconstructive Surgery

This EB-1A approval involved a Postdoctoral Clinical Research Fellowship, born in the United Arab Emirates and residing in the United States, who proposes to become a Postdoctoral Research Fellow. Filed in Reconstructive Surgery, the petition received an RFE from Officer EX0080 before approval was ultimately achieved.

The applicant held an M.B.B.Ch. degree and presented a substantial scholarly record consisting of 42 publications and 1,795 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

The petition underwent transfers from the Texas Service Center to the Nebraska Service Center and then back to the Texas Service Center with upfront premium processing.

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

#3: EB-1A in Artificial Intelligence

This EB-1A approval involved an Artificial Intelligence Scientist, born in China and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Artificial Intelligence, the petition received an RFE from Officer XM2254 before approval was ultimately secured.

The applicant held a STEM bachelor’s degree and presented a strong scholarly profile consisting of 34 publications and 1,567 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.

NIW Approvals After RFE (7)

#4: NIW in Civil Engineering

This NIW approval involved an Associate Engineer in industry, born in Jordan and residing in the United States, who proposes to continue in the same employment. Filed in Civil Engineering, the petition received an RFE from Officer XM0725 before approval was ultimately achieved.

The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 6 publications and 22 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.

#5: NIW in Accounting

This NIW approval involved an Assistant Professor, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Accounting, the petition received an RFE from Officer EX5110 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 3 publications and 149 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without any supporting letters.

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

Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters while undergoing multiple service center transfers.

#6: NIW in Biophysics and Quantitative Biology

This NIW approval involved a Postdoctoral Scholar, born in China and residing in the United States, who proposes to continue in the same role. Filed in Biophysics and Quantitative Biology, the petition received an RFE from Officer XM2546 before approval was ultimately achieved.

The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 10 publications and 379 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The adjudication involved a transfer from the Nebraska Service Center to the Texas Service Center without premium processing and was approved in 860 days.

#7: NIW in Medical Physics

This NIW approval involved a Medical Physics Resident, born in China and residing in the United States, who proposes to work as a Medical Physicist. Filed in Medical Physics, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 9 publications and 51 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without any supporting 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 without recommendation or testimonial letters while undergoing multiple service center transfers.

#8: NIW in Medical Physics

This NIW approval involved a Physics Assistant in Radiation Oncology, born in Nepal and residing in the United States, who proposes to continue in the same employment. Filed in Medical Physics, the petition received an RFE from Officer TSC0725 before approval was ultimately achieved.

The applicant held a STEM master’s degree and presented a scholarly profile consisting of 4 publications and 19 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without any supporting letters.

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 without recommendation or testimonial letters.

#9: NIW in Analytical Chemistry

This NIW approval involved a Postdoctoral Fellow, born in Brazil and residing in the United States, who proposes to continue in the same employment. Filed in Analytical Chemistry, the petition received an RFE from Officer XM2582 before approval was ultimately secured.

The applicant held a STEM Doctor of Science degree and presented a substantial scholarly profile consisting of 34 publications and 347 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without any supporting letters.

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 without recommendation or testimonial letters.

#10: NIW in Nutrition

This NIW approval involved a Postdoctoral Fellow, born in Greece and residing in the United States, who proposes to continue in the same role. Filed in Nutrition, the petition received an RFE from Officer XM2623 before approval was ultimately achieved.

The applicant held a STEM Ph.D. and presented a strong scholarly profile consisting of 28 publications and 347 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without any supporting letters.

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 without recommendation or testimonial letters.