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 involving RFE review or a prior adverse petition history, consisting of 2 EB-1A approvals and 10 NIW approvals. Several cases presented circumstances that added complexity to adjudication, including prior petition denials followed by subsequent approval, multiple service center transfers, a non-STEM case, an applicant without an advanced degree, applicants residing outside the United States, and petitions that initially proceeded with limited or no supporting letters.

Cases With Inherent Challenges

Prior Denial Followed by Subsequent Approval

Two approvals involved applicants with previously denied petitions. One refiled NIW applicant was approved after the first NIW petition received an RFE and was denied, while one EB-1A applicant also received an RFE before approval despite the initial EB-1A petition receiving an RFE and being denied. These prior adverse outcomes added complexity because the approved petitions had to independently establish eligibility under the applicable immigration standards.

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 clearly organized and internally consistent throughout review across different service center operations.

Applicants Residing Outside the United States

Two NIW approvals involved applicants who were residing in South Korea at the time of filing. Both petitions received RFEs before ultimately securing approval and also underwent multiple service center transfers during adjudication. These cases demonstrate that residing outside the United States did not prevent the petitions from being approved.

EB-1A Approvals After RFE (2)

#1: EB-1A in Nanotechnology

This EB-1A approval involved a Postdoctoral Scholar, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Nanotechnology, the petition received an RFE from Officer XM1320 before approval was ultimately secured, despite the applicant’s first EB-1A petition previously receiving an RFE from Officer EX0242 and being denied.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 32 publications and 2,180 citations, with peer-reviewed work published as recently as 2022. The initial filing included 5 recommendation letters and no testimonial letters, while 2 additional 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 upfront premium processing.

Notable: This approval is notable for securing EB-1A approval after RFE review and multiple service center transfers following an earlier EB-1A petition that also received an RFE and was denied.

#2: EB-1A in Economics and Public Policy

This EB-1A approval involved a Statistics Specialist, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Economics and Public Policy, the petition received an RFE from Officer XM2115 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 14 publications and 1,276 citations, with peer-reviewed work published as recently as 2023. The initial filing included 7 recommendation letters and no testimonial letters, while 2 additional recommendation letters 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 EB-1A approval after RFE review while undergoing multiple service center transfers.

NIW Approvals After RFE (10)

#3: NIW in Applied Machine Learning

This NIW approval involved a Software Engineer III in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Applied Machine Learning, 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 6 publications and 117 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting letters, while 3 recommendation letters were submitted as part of the RFE response.

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

#4: NIW in Internal Medicine

This NIW approval involved a Resident Physician, born in the Philippines and residing in the United States, who proposes to remain in the same employment. Filed in Internal Medicine, the petition received an RFE from Officer XM1914 before approval was ultimately secured.

The applicant held an M.D. degree and demonstrated a scholarly record consisting of 13 publications and 31 citations, with peer-reviewed work published as recently as 2025. The petition proceeded without any supporting letters.

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 in a non-STEM field without recommendation or testimonial letters while undergoing multiple service center transfers.

#5: NIW in Physical Chemistry

This NIW approval involved a Postdoctoral Appointee in industry, born in Taiwan and residing in the United States, who proposes to work as an R&D Engineer in industry. Filed in Physical Chemistry, the petition received an RFE from Officer XM2545 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 13 publications and 215 citations, with peer-reviewed work published as recently as 2025. The initial filing included 2 recommendation letters and no testimonial letters, while 4 additional 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.

#6: NIW in Quantum Physics

This NIW approval involved a Postdoctoral Fellow, born in Germany and residing in the United States, who proposes to remain in the same employment. Filed in Quantum Physics, the petition received an RFE from Officer XM1771 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 7 publications and 283 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 a premium processing upgrade.

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

#7: NIW in Electrical Engineering

This NIW approval involved a Senior Engineer, System Planning 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 XM1951 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 13 publications and 139 citations, with peer-reviewed work published as recently as 2023. The initial filing included 2 recommendation letters and 2 testimonial letters, while 5 additional recommendation letters were submitted with the RFE response.

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

#8: NIW in Industrial Artificial Intelligence

This NIW approval involved a Postdoctoral Researcher, born and residing in South Korea, who proposes to work as a Research Engineer, Simulation for Robot Learning. Filed in Industrial Artificial Intelligence, the petition received an RFE from Officer XM2418 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 5 publications and 55 citations, with peer-reviewed work published as recently as 2026. The initial filing included 2 recommendation letters and 2 testimonial letters, while 4 additional 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 upfront premium processing.

Notable: This approval is notable for securing NIW approval after RFE review while the applicant was residing outside the United States and undergoing multiple service center transfers.

#9: NIW in Advanced Memory Systems

This NIW approval involved a Flash Memory Design Staff Engineer in industry, born and residing in South Korea, who proposes to work as a Postdoctoral Researcher. Filed in Advanced Memory Systems, the petition received an RFE from Officer XM2481 before approval was ultimately secured.

The applicant did not hold an advanced degree and qualified through both the exceptional ability pathway and the bachelor’s degree plus five years of experience pathway. At filing, the applicant demonstrated a scholarly record consisting of 2 publications and 4 citations, with peer-reviewed work published as recently as 2025. The initial filing included 3 recommendation letters and 1 testimonial letter, while 3 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 upfront premium processing.

Notable: This approval is notable for securing NIW approval after RFE review through both the exceptional ability pathway and the bachelor’s degree plus five years of experience pathway while the applicant was residing outside the United States and undergoing multiple service center transfers.

#10: NIW in Psychosocial Well-Being in Older Adulthood

This NIW approval involved a Fellow-Postdoctoral, born in Mexico and residing in the United States, who proposes to remain in the same employment. Filed in Psychosocial Well-Being in Older Adulthood, 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 scholarly record consisting of 16 publications and 149 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 2 recommendation letters were submitted as part of the RFE response.

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 NIW approval after RFE review while undergoing multiple service center transfers.

#11: NIW in Robotics

This NIW approval involved a Ph.D. student (Graduate Student Instructor), born in South Korea and residing in the United States, who proposes to work as an Academic/Scientific Researcher. Filed in Robotics, the petition received an RFE from Officer XM2055 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 7 publications and 36 citations, with peer-reviewed work published as recently as 2026. The initial filing proceeded without any supporting 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 upfront premium processing.

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

#12: NIW in Medical Science

This NIW approval involved a Ph.D. student (Research Assistant/Associate Instructor), born in China and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Medical Science, the applicant secured approval through a refiled petition after the first NIW petition received an RFE from Officer XM2514 and was denied.

The applicant held a STEM master’s degree and demonstrated a substantial scholarly record consisting of 7 publications and 240 citations, with peer-reviewed work published as recently as 2024. The refiled petition included 3 recommendation letters and proceeded without testimonial letters, while 3 additional recommendation letters were submitted as part of the RFE response.

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

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