A Request for Evidence (RFE) represents one of the most demanding stages of adjudication in the employment-based immigration process. When USCIS issues an RFE, the petition moves into heightened review, where the adjudicating officer may request additional clarification, stronger supporting evidence, or a more precise explanation connecting the applicant’s accomplishments to the applicable eligibility standard.

In some cases, adjudicative complexity may go beyond an RFE and involve prior denial, refiling, or a Notice of Intent to Revoke (NOIR). These situations require careful presentation of the applicant’s qualifications, professional role, scholarly record, and continued eligibility. A successful outcome depends on keeping the record organized, responsive, and consistent with the legal framework for adjudication.

The following success stories highlight eleven I-140 approvals achieved after RFE, prior denial, refiling, or NOIR review. These approvals include six EB-1A petitions and five NIW petitions. Several cases involved applicants residing outside the United States, master’s-level applicants, non-researcher industry roles, limited or no recommendation letters, a non-STEM field, and a refiled petition following a prior denial.

Cases With Inherent Challenges

Prior Denial and Refiled Petition

One EB-1A approval involved a prior EB-1A petition that received an RFE and was denied before the case was later refiled. A refiled petition must do more than repeat the earlier submission. It must present the applicant’s credentials, field impact, and eligibility in a manner that directly addresses the evidentiary concerns that previously prevented approval.

Limited or No Recommendation Evidence

All eleven approvals proceeded with no testimonial letters, and two NIW approvals proceeded without recommendation or testimonial letters. In these cases, the petitions relied more heavily on objective indicators such as publication history, citation impact, professional role, STEM or non-STEM positioning, and the relevance of the applicant’s work to the proposed employment.

EB-1A Approvals After RFE (6)

#1: EB-1A in Medicinal Chemistry

This EB-1A approval involved an Advisor - Medicinal Chemistry working in industry, born and residing in India, who proposed to continue in the same employment. The case received an RFE from Officer EX0272 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a scholarly record that included 17 publications and 631 citations. The latest peer-reviewed publication was from 2024, helping demonstrate continued professional activity in the field. The filing was supported by 2 recommendation letters and proceeded without testimonial letters. 

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

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 Medicinal Chemistry

This EB-1A approval involved a Senior Research Scientist, born in India and residing in the United States, who proposed to remain in the same professional role. The petition received an RFE from Officer EX0718 before approval was achieved.

The applicant held a STEM Ph.D. and demonstrated a substantial publication and citation record, including 32 publications and 1,015 citations, with peer-reviewed work published as recently as 2026. The petition was supported by 4 recommendation letters and proceeded without testimonial letters. 

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

#3: EB-1A in Electrical Engineering

This EB-1A approval involved a Postdoctoral Researcher, born in China and residing in the United States, who proposed to continue in the same employment. The petition received an RFE from Officer XM2011 before approval was ultimately secured.

The applicant held a STEM master’s degree and presented a record that included 10 publications and 783 citations, with the latest peer-reviewed publication from 2023. The filing was supported by 4 recommendation letters and no testimonial letters. 

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

#4: EB-1A in Computer Engineering

This EB-1A approval involved a Senior Researcher in industry, born in India and residing in the United States, who proposed to continue in the same employment. The case received an RFE from Officer XM1320 before approval was ultimately granted.

The applicant held a STEM Ph.D. and presented a strong record of scholarly influence, including 12 publications and 2,002 citations. The latest peer-reviewed publication was from 2024, and the filing included 4 recommendation letters with no testimonial letters. 

The petition was transferred 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.

#5: EB-1A in Computer Science

This EB-1A approval involved an Applied Research Associate Senior in industry, born in China and residing in the United States, who proposed to remain in the same employment. The petition received an RFE from Officer EX5199 before approval was secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly profile consisting of 23 publications and 649 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 5 recommendation letters and proceeded without testimonial letters. 

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

#6: EB-1A in Cell and Molecular Biology

This EB-1A approval involved a Scientist/Biologist, born in Iran and residing in the United States, who proposed to continue in the same employment. The applicant’s first EB-1A petition received an RFE from Officer XM1767 and was denied before a refiled EB-1A petition was later approved.

The applicant held a STEM Ph.D. and presented a substantial scholarly record consisting of 41 publications and 2,002 citations, with peer-reviewed work published as recently as 2025. The petition was supported by 8 recommendation letters and no 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 through a refiled petition after the first EB-1A filing received an RFE and was denied.

NIW Approvals After RFE or NOIR (5)

#7: NIW in Electrical Engineering

This NIW approval involved a Ph.D. student in electrical engineering, born in Iran and residing in the United States, who proposed to work as an Antenna Design Engineer in industry. The petition received an RFE from Officer EX0038 before approval was ultimately secured.

The applicant held a STEM master’s degree and presented a scholarly profile consisting of 9 publications and 16 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 4 recommendation letters and proceeded without testimonial letters. 

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

#8: NIW in Advanced Materials

This NIW approval involved an Assistant Professor of Mechanical Engineering, born in India and residing in the United States, who proposed to continue in the same employment. The petition received an RFE from Officer XM1771 before approval was achieved.

The applicant held a STEM Ph.D. and presented a scholarly record consisting of 13 publications and 190 citations, with peer-reviewed work published as recently as 2025. The petition proceeded without any supporting letters. 

The petition was adjudicated through 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.

#9: NIW in Adult Education

This NIW approval involved a Clinical Assistant Professor, born in Azerbaijan and residing in the United States, who proposed to remain in the same employment. Filed in Adult Education, the petition received an RFE from Officer XM2479 before approval was ultimately secured.

The applicant held a Ph.D. and demonstrated a scholarly record consisting of 8 publications and 39 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 4 recommendation letters and no testimonial 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 in a non-STEM field.

#10: NIW in Chemical Engineering

This NIW approval involved a Ph.D. candidate, born in Iran and residing in the United States, who proposed to work as an Artificial Intelligence/Machine Learning Engineer in industry. The petition received an RFE from Officer EX0297 before approval was ultimately achieved.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 5 publications and 14 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 was adjudicated through the Nebraska Service Center with a premium processing upgrade.

#11: NIW in Biomedical Science

This NIW approval involved a Ph.D. student, born in Iran and residing in the United States, who proposed to work as a Research Scientist in industry. The case received a Notice of Intent to Revoke (NOIR) from Officer EX5106 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 62 publications and 1,202 citations, with peer-reviewed work published as recently as 2020. The petition proceeded without supporting letters. 

The NIW petition was adjudicated through the Nebraska Service Center without premium processing and was approved in 880 days.

Notable: This approval is notable for securing NIW approval after NOIR without recommendation or testimonial letters.