A Request for Evidence (RFE) represents one of the more demanding stages of adjudication in the employment-based immigration process. Once USCIS issues an RFE, the petition undergoes additional scrutiny, and the adjudicating officer may seek further documentation 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 responsive to the issues raised during review.

The following success stories highlight 13 I-140 approvals secured after RFE review. These approvals include 2 EB-1A petitions and 11 NIW petitions. Several cases involved circumstances that added complexity to adjudication, including related adverse petition history, multiple service center transfers, petitions with limited or no supporting letters, non-STEM fields, and an applicant qualifying through the exceptional ability pathway.

Cases With Inherent Challenges

Related Adverse Petition History

One approval involved related petition history that included RFEs and a denial. Such petition histories can add complexity because each filing must independently establish eligibility under its applicable legal standard while maintaining a clear, consistent, and well-supported evidentiary record.

Multiple Service Center Transfers

Several petitions underwent service center transfers before final adjudication between the Nebraska Service Center and the Texas Service Center. Such procedural movement can add complexity because the petitions must remain logically structured, internally consistent, and persuasive throughout review by different service center operations.

Limited or No Supporting Letters

Several petitions proceeded without recommendation or testimonial letters, while other cases relied on a limited number of supporting letters. In these circumstances, adjudication depended more heavily on objective evidence such as academic credentials, publication records, citation impact, professional or research experience, and other documentation supporting the applicants’ qualifications.

EB-1A Approvals After RFE (2)

#1: EB-1A in Advanced Engineering Materials

This EB-1A approval involved a Postdoctoral Fellow, born in China and residing in the United States, who proposes to work as an Assistant Professor. Filed in Advanced Engineering Materials, the petition received an RFE from Officer XM2431 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 19 publications and 684 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 without premium processing and was approved in 998 days.

#2: EB-1A in Biology

This EB-1A approval involved a Postdoctoral Research Associate, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Biology, 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 10 publications and 575 citations, with peer-reviewed work published as recently as 2022. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

The adjudication involved 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.

NIW Approvals After RFE (11)

#3: NIW in Biostatistics

This NIW approval involved a Graduate Research Assistant, born in Taiwan and residing in the United States, who proposes to work as a Quantitative Scientist in industry. Filed in Biostatistics, the applicant initially filed an NIW petition, which was ultimately approved. The applicant subsequently filed an EB-1A petition that received an RFE from Officer XM1443 and was denied, followed by a second EB-1A petition that also received an RFE.

The applicant held a Ph.D. and demonstrated a substantial scholarly record consisting of 7 publications and 272 citations, with peer-reviewed work published as recently as 2024. The NIW petition proceeded without recommendation or testimonial letters.

The petition was adjudicated through the Service Center Operations Directorate (SCOPS) Texas Facility with a premium processing upgrade.

Notable: This approval is notable for securing NIW approval without recommendation or testimonial letters, despite two subsequent EB-1A petitions receiving RFEs, with the first petition ultimately being denied.

#4: NIW in Materials Science

This NIW approval involved a Postdoctoral Appointee, born in Turkey and residing in the United States, who proposes to remain in the same employment. Filed in Materials Science, the petition received an RFE from Officer XM2623 before approval was ultimately secured.

The applicant held a STEM Ph.D. and established a scholarly record consisting of 12 publications and 47 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

The adjudication involved a transfer from the Nebraska Service Center to the Texas Service Center with a premium processing upgrade.

#5: NIW in Cardiovascular Medicine

This NIW approval involved a Clinical Resident, born in Brazil and residing in the United States, who proposes to work as a Cardiovascular Disease Fellow. Filed in Cardiovascular Medicine, the petition received an RFE from Officer XM2481 before approval was ultimately secured.

The applicant held an M.D. and demonstrated a scholarly record consisting of 11 publications and 94 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 2 recommendation letters and 2 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 in a non-STEM field while undergoing multiple service center transfers.

#6: NIW in Plant Genetic Engineering

This NIW approval involved a Data Analyst and Genetic Engineering Associate in industry, born in Vietnam and residing in the United States, who proposes to remain in the same employment. Filed in Plant Genetic Engineering, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 4 publications and 119 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 Texas Service Center with a premium processing upgrade.

#7: NIW in Colorectal Surgery

This NIW approval involved a Physician, born in Israel and residing in the United States, who proposes to remain in the same employment. Filed in Colorectal Surgery, the petition received an RFE from Officer XM1620 before approval was ultimately secured.

The applicant held an M.D. and demonstrated an extensive scholarly record consisting of 33 publications and 472 citations, with peer-reviewed work published as recently as 2023. 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 in a non-STEM field without recommendation or testimonial letters.

#8: NIW in Public Health

This NIW approval involved an Assistant Policy Researcher, born in China and residing in the United States, who proposes to work as a Health Economist in industry. Filed in Public Health, 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 102 citations, with peer-reviewed work published as recently as 2024. 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.

#9: NIW in Biomedical Engineering

This NIW approval involved a Special Projects Lead in industry, born in Malaysia and residing in the United States, who proposes to remain in the same employment. Filed in Biomedical Engineering, the petition received an RFE from Officer XM2594 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 9 publications and 161 citations, with peer-reviewed work published as recently as 2024. The petition 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 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.

#10: NIW in Computer Science

This NIW approval involved a Principal Researcher in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Computer Science, the petition received an RFE from Officer 5083 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 19 publications and 356 citations, with peer-reviewed work published as recently as 2024. The petition proceeded without any supporting 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 RFE review without recommendation or testimonial letters.

#11: NIW in Biological Sciences

This NIW approval involved a Ph.D. student, born in South Korea and residing in the United States, who proposes to work as a Research Scientist in industry. Filed in Biological Sciences, 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 applicant demonstrated a scholarly record consisting of 7 publications and 118 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 through the exceptional ability pathway while undergoing multiple service center transfers.

#12: NIW in Structural Biology

This NIW approval involved a Research Associate Biology, born in Peru and residing in the United States, who proposes to remain in the same employment. Filed in Structural Biology, the petition received an RFE from Officer XM2021 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 6 publications and 145 citations, with peer-reviewed work published as recently as 2023. The filing proceeded without recommendation letters and was supported by 4 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.

#13: NIW in Computational Chemistry

This NIW approval involved a Postdoctoral Research Associate, born in Sri Lanka and residing in the United States, who proposes to remain in the same employment. Filed in Computational Chemistry, the petition received an RFE from Officer XM1747 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 5 publications and 18 citations, with peer-reviewed work published as recently as 2023. 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 a premium processing upgrade.

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