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 12 I-140 approvals after RFE review, consisting of 3 EB-1A approvals and 9 NIW approvals. Several cases presented circumstances that added complexity to adjudication, including multiple service center transfers, a related EB-1A petition denial, petitions filed in non-STEM fields, an applicant without an advanced degree, an applicant residing outside the United States, and relatively modest scholarly records.

Cases With Inherent Challenges

Multiple Service Center Transfers

Several 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. These cases demonstrate that multiple service center transfers did not prevent approval when the applicable eligibility requirements were established.

Related Adverse Adjudication History

One NIW approval involved an applicant whose related EB-1A petition had received an RFE and was denied. This case highlights the complexity of petitions involving adverse adjudication histories and demonstrates that a denial under one immigration category does not necessarily prevent approval under another, provided that the applicable eligibility requirements are independently established.

Applicant Residing Outside the United States

One approval involved an applicant residing in the United Kingdom at the time of filing. This case demonstrates that residing outside the United States did not prevent the petition from being approved, provided that the applicable petition eligibility requirements were established.

EB-1A Approvals After RFE (3)

#1: EB-1A in Computer Science

This EB-1A approval involved a Ph.D. Student, born in China and residing in the United States, who proposes to work as a Research Scientist in industry. Filed in Computer Science, 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 substantial scholarly record consisting of 24 publications and 1,841 citations, with peer-reviewed work published as recently as 2025. The filing included 4 recommendation letters and proceeded without testimonial letters.

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

#2: EB-1A in Advanced Engineering Materials

This EB-1A approval involved a Research Scientist, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Advanced Engineering Materials, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 70 publications and 1,506 citations, with peer-reviewed work published as recently as 2025. The filing included 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 a premium processing upgrade.

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

#3: EB-1A in Building Technology

This EB-1A approval involved a Ph.D. Student, born in China and residing in the United Kingdom, who proposes to work as a Postdoctoral Scholar in Urban Remote Sensing and Climate Impact. Filed in Building Technology, the petition received an RFE from Officer XM2084 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 14 publications and 296 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 recommendation letters and no testimonial letters, while 1 testimonial letter was 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 EB-1A approval after RFE review while the applicant was residing outside the United States and undergoing multiple service center transfers.

NIW Approvals After RFE (9)

#4: NIW in Chemical Engineering

This NIW approval involved a Process Engineer 5 in industry, born in India 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 XM2417 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 8 publications and 396 citations, with peer-reviewed work published as recently as 2022. The initial filing included 2 recommendation letters and no testimonial letters, while 2 additional 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 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 Human-Computer Interaction

This NIW approval involved a Postdoctoral Fellow, born in Singapore and residing in the United States, who proposes to remain in the same employment. Filed in Human-Computer Interaction, the petition received an RFE from Officer XM1910 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 13 publications and 245 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 petition was adjudicated through the Texas Service Center with a premium processing upgrade.

#6: NIW in Electrical Engineering

This NIW approval involved a Graduate Researcher / Ph.D. Student, born in China and residing in the United States, who proposes to work as a Process Integration Engineer in industry. Filed in Electrical Engineering, the petition received an RFE from Officer XM1914 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 6 publications and 55 citations, with peer-reviewed work published as recently as 2025. The initial filing included 1 recommendation letter and 1 testimonial letter, while 1 additional recommendation letter and 1 testimonial letter 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 a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review while undergoing multiple service center transfers.

#7: NIW in Neuroendovascular Surgery

This NIW approval involved a Postdoctoral Scholar, born in Turkey and residing in the United States, who proposes to remain in the same employment. Filed in Neuroendovascular Surgery, the petition received an RFE from Officer XM2367 before approval was ultimately secured.

The applicant held an MD degree and demonstrated a scholarly record consisting of 36 publications and 80 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while 2 additional recommendation letters and 3 testimonial letters were submitted as part of the RFE response.

The petition was transferred from the Nebraska Service Center to 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.

#8: NIW in Analytical Chemistry

This NIW approval involved a Scientist - Glycomics in industry, born in Taiwan and residing in the United States, who proposes to remain in the same employment. Filed in Analytical Chemistry, the petition received an RFE from Officer XM1849 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 11 publications and 129 citations, with peer-reviewed work published as recently as 2026. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 3 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 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 Aerospace Engineering

This NIW approval involved a Ph.D. Student (Research Assistant), born in India and residing in the United States, who proposes to work as a Research Scientist in industry. Filed in Aerospace Engineering, the applicant initially filed an NIW petition, followed by an EB-1A petition. The EB-1A has received an RFE from the Nebraska Service Center and was denied, while the NIW has received an RFE from Officer XM2420 before approval was ultimately granted.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 19 publications and 116 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 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 despite a related EB-1A petition receiving an RFE and being denied.

#10: NIW in Cybersecurity

This NIW approval involved a Ph.D. Student (Graduate Research Assistant), born in Bangladesh and residing in the United States, who proposes to work as a Research Scientist in industry. Filed in Cybersecurity, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant did not hold an advanced degree and claimed eligibility through the exceptional ability pathway. At filing, the applicant demonstrated a scholarly record consisting of 5 publications and 103 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while 5 additional 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 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 Neuroradiology

This NIW approval involved a Resident (PGY-1) in Internal Medicine, born in Lebanon and residing in the United States, who proposes to continue as a PGY-2 Resident in the Radiology-Diagnostic Program. Filed in Neuroradiology, the petition received an RFE from Officer XM1986 before approval was ultimately secured.

The applicant held an MD degree and demonstrated a scholarly record consisting of 16 publications and 56 citations, with peer-reviewed work published as recently as 2026. The filing included 2 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 NIW approval after RFE review in a non-STEM field.

#12: NIW in Biosensing and Diagnostic Technologies

This NIW approval involved a Postdoctoral Researcher in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Biosensing and Diagnostic Technologies, the petition received an RFE from Officer XM2009 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 37 publications and 1,198 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 3 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.