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 the adjudicating officer may request further evidence 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 directly responsive to the concerns raised during review.

The following success stories highlight 11 I-140 approvals involving RFE review or prior adverse petition histories. These approvals include 2 EB-1A petitions and 9 NIW petitions. Several cases presented circumstances that added complexity to adjudication, including two prior EB-1A withdrawals following RFEs, a prior NIW denial, multiple service center transfers, filings with limited or no supporting letters, additional recommendation and testimonial letters submitted as part of RFE responses, a non-STEM case, and applicants who qualified through the exceptional ability pathway.

Cases With Inherent Challenges

Prior Petition Histories Involving RFEs, Denial, or Withdrawal

Two approvals involved significant prior adverse petition histories. One applicant had two earlier EB-1A petitions that each received an RFE and were subsequently withdrawn, while another pursued a new NIW petition after the first NIW received an RFE and was denied. These circumstances can add complexity because the later petition must independently establish eligibility under the applicable immigration standard while presenting a clear and consistent evidentiary record despite the outcomes of earlier filings.

Multiple Service Center Transfers

Several petitions underwent 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 logically structured, internally consistent, and responsive throughout review across different service center operations.

EB-1A Approvals After RFE (2)

#1: EB-1A in Materials Chemistry

This EB-1A approval involved a Battery Cell Engineer in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Materials Chemistry, the applicant ultimately secured approval after two earlier EB-1A petitions were withdrawn, one after receiving an RFE from Officer XM1421 and the other after receiving an RFE from Officer EX0592.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 33 publications and 2,099 citations, with peer-reviewed work published as recently as 2020. The petition was supported by 6 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 two earlier EB-1A petitions each received an RFE and were withdrawn.

#2: EB-1A in Biomedical Science

This EB-1A approval involved a Postdoctoral Research Fellow, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Biomedical Science, the petition received an RFE from Officer XM2031 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 11 publications and 456 citations, with peer-reviewed work published as recently as 2026. The initial filing included 4 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 upfront premium processing.

NIW Approvals After RFE (9)

#3: NIW in Computer Science

This NIW approval involved a Research Scientist, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Computer Science, the applicant finally secured approval after the first NIW petition received an RFE from Officer XM2484 and was denied.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 11 publications and 350 citations, with peer-reviewed work published as recently as 2024. The petition 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.

Notable: This approval is notable for securing NIW approval after the applicant’s first NIW received an RFE and was denied.

#4: NIW in Public Health

This NIW approval involved a Resident in Internal Medicine, born in the United Kingdom and residing in the United States, who proposes to remain in the same employment. Filed in Public Health, the petition received an RFE from Officer XM2043 before approval was ultimately secured.

The applicant held an M.B.B.S. degree and demonstrated a scholarly record consisting of 9 publications and 107 citations, with peer-reviewed work published as recently as 2023. Although the initial filing proceeded without supporting letters, 4 recommendation letters were submitted with the RFE response.

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 Chemical Engineering

This NIW approval involved a Senior Engineer in industry, born in India and residing in the United States, who proposes to remain in the same employment in industry. Filed in Chemical Engineering, 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 a scholarly record consisting of 3 publications and 205 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 recommendation letters and no testimonial letters, while 4 additional recommendation letters were submitted with the RFE response.

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

#6: NIW in Geography

This NIW approval involved a Research Assistant, born in Ecuador and residing in the United States, who proposes to work as a Research Associate. Filed in Geography, 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 2 publications and 53 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.

#7: NIW in Cardiovascular Diseases

This NIW approval involved a Cardiovascular Disease Fellow Physician, born in the Czech Republic and residing in the United States, who proposes to remain in the same employment. Filed in Cardiovascular Diseases, the petition received an RFE from Officer AD0103 before approval was ultimately secured.

The applicant held an M.D. degree and demonstrated a scholarly record consisting of 15 publications and 30 citations, with peer-reviewed work published as recently as 2024. The initial filing included 4 recommendation letters and no testimonial letters, while 2 additional recommendation letters were submitted as part of the RFE response.

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 in a non-STEM field while undergoing multiple service center transfers.

#8: NIW in Advanced Engineering Materials

This NIW approval involved a Research Assistant, born in Bangladesh and residing in the United States, who proposes to work as a Research Scientist. Filed in Advanced Engineering Materials, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant did not hold an advanced degree and qualified through the exceptional ability pathway. The scholarly record consisted of 20 publications and 75 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 through the exceptional ability pathway.

#9: NIW in Clinical Epidemiology

This NIW approval involved a Cardiology Fellow, born in Ireland and residing in the United States, who proposes to remain in the same employment. Filed in Clinical Epidemiology, the petition received an RFE from Officer XM2594 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 12 publications and 83 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 recommendation letters and no testimonial letters, while 1 additional recommendation letter was submitted as part of the RFE response.

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 Statistics

This NIW approval involved a Ph.D. student (Graduate Research Assistant), born in Vietnam and residing in the United States, who proposes to work as a Tenure-track Assistant Professor. Filed in Statistics, the petition received an RFE from Officer XM2052 before approval was ultimately secured.

The applicant did not hold an advanced degree and qualified through the exceptional ability pathway. The applicant demonstrated a scholarly record consisting of 16 publications and 222 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without any supporting letters, while 4 recommendation letters were submitted with the RFE response.

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 through the exceptional ability pathway while undergoing multiple service center transfers.

#11: NIW in Advanced Applied Data Science

This NIW approval involved an Associate in industry, born in Indonesia and residing in the United States, who proposes to remain in the same employment. Filed in Advanced Applied Data Science, the petition received an RFE from Officer XM2021 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 12 publications and 111 citations, with peer-reviewed work published as recently as 2023. The initial filing included 1 recommendation letter and 3 testimonial letters, while the RFE response included 2 additional recommendation letters and 3 additional testimonial letters.

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