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 13 I-140 approvals involving RFE review or prior adverse petition history, consisting of 2 EB-1A approvals and 11 NIW approvals. Several cases presented circumstances that added complexity to adjudication, including prior petition denials, a refiled NIW petition following an earlier denial, multiple service center transfers, an applicant without an advanced degree, non-STEM cases, and a petition adjudicated without premium processing for 813 days.

Cases With Inherent Challenges

Adverse Petition Histories

Several applicants had petition histories involving RFEs, denials, or subsequent filings under different immigrant classifications. Such circumstances can add complexity because each petition must independently establish eligibility under the applicable immigration standard, regardless of the outcomes or adjudicative histories associated with other petitions.

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.

Non-STEM Cases

Three applicants were approved in non-STEM fields. Each case required the applicant’s qualifications and supporting evidence to establish eligibility under the applicable EB-1A or NIW standard despite being outside a STEM field.

EB-1A Approvals (2)

#1: EB-1A in Computer Science

This EB-1A approval involved a Postdoctoral Researcher, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Computer Science, the applicant initially filed an NIW petition, followed by an EB-1A petition. The EB-1A has been approved, while the NIW has received an RFE from Officer XM1284 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated an extensive scholarly record consisting of 21 publications and 4,966 citations, with peer-reviewed work published as recently as 2025. The petition included 4 recommendation letters and proceeded without testimonial letters.

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

Notable: This approval is notable for securing EB-1A approval despite the applicant’s related NIW petition receiving an RFE before being approved.

#2: EB-1A in Internal Medicine

This EB-1A approval involved a Hematologist/Oncologist, born in China 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 XM1258 before approval was ultimately secured.

The applicant held a Ph.D. and demonstrated a substantial scholarly record consisting of 15 publications and 447 citations, with peer-reviewed work published as recently as 2023. The petition included 4 recommendation letters and proceeded without testimonial 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 EB-1A approval after RFE review in a non-STEM field while undergoing multiple service center transfers.

NIW Approvals After RFE (11)

#3: NIW in Pediatrics

This NIW approval involved a Research Associate I, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Pediatrics, the applicant initially filed an NIW petition, followed by an EB-1A petition. The NIW has been approved, while the EB-1A has received an RFE from Officer XM0312 and was denied.

The applicant held a Ph.D. and demonstrated a scholarly record consisting of 14 publications and 158 citations, with peer-reviewed work published as recently as 2024. The petition included 4 recommendation letters and proceeded without testimonial letters.

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

Notable: This approval is notable for securing NIW approval in a non-STEM field despite a related EB-1A petition receiving an RFE and being denied.

#4: NIW in Electrical Engineering

This NIW approval involved a Ph.D. student (Teaching/Research Assistant), born in Ghana and residing in the United States, who proposes to work as a Research Engineer. Filed in Electrical Engineering, the petition received an RFE from Officer XM2191 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 8 publications and 18 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while 6 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 Ph.D. student (Student Researcher), born in China and residing in the United States, who proposes to work as an Assistant Professor. Filed in Human-Computer Interaction, 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 11 publications and 149 citations, with peer-reviewed work published as recently as 2025. 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 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 Artificial Intelligence

This NIW approval involved an Applied Scientist II in industry, born in Taiwan and residing in the United States, who proposes to remain in the same employment in industry. Filed in Artificial Intelligence, 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 also received an RFE from the Nebraska Service Center and was ultimately approved.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 16 publications and 1,296 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 was adjudicated through the Nebraska Service Center with a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review despite a related EB-1A petition receiving an RFE and being denied.

#7: NIW in Aerospace Engineering and Scientific Computing

This NIW approval involved a Postdoctoral Research Fellow, born in Japan and residing in the United States, who proposes to remain in the same employment. Filed in Aerospace Engineering and Scientific Computing, the petition received an RFE from Officer XM1914 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 4 publications and 33 citations, with peer-reviewed work published as recently as 2025. 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 while undergoing multiple service center transfers.

#8: NIW in Marine Science

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 Postdoctoral Scholar. Filed in Marine Science, the petition received an RFE from Officer XM1984 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 3 publications and 17 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 Texas Service Center with a premium processing upgrade.

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.

#9: NIW in Health Promotion

This NIW approval involved a Healthy Brain and Child Development Study Research Postdoctoral Fellow, born in South Korea and residing in the United States, who proposes to remain in the same employment. Filed in Health Promotion, the petition received an RFE from Officer XM2294 before approval was ultimately secured.

The applicant held a Ph.D. and demonstrated a scholarly record consisting of 13 publications and 140 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 4 recommendation letters were submitted with the RFE response.

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.

#10: NIW in Cybersecurity

This NIW approval involved an Assistant Professor, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Cybersecurity, 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 6 publications and 29 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 4 recommendation letters were submitted as part of the RFE response.

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 (Graduate Research Assistant), born in China and residing in the United States, who proposes to work as a Postdoctoral Research Associate. Filed in Biomedical Science, the applicant secured approval through a refiled petition after the first NIW petition received an RFE from Officer XM2031 and was denied. The refiled petition subsequently received an RFE from Officer XM2429 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a substantial scholarly record consisting of 11 publications and 198 citations, with peer-reviewed work published as recently as 2025. The refiled petition included 6 recommendation letters and no testimonial letters, while 5 additional recommendation letters were submitted as part of the RFE response.

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

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

#12: NIW in Pediatric Neurology

This NIW approval involved a Research Scientist-System Research CAO, born in Nigeria and residing in the United States, who proposes to remain in the same employment. Filed in Pediatric Neurology, the petition received an RFE from Officer XM2069 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 7 publications and 49 citations, with peer-reviewed work published as recently as 2024. The petition included 2 recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Texas Service Center without premium processing and was approved after 813 days. 

#13: NIW in Electrical & Computer Engineering

This NIW approval involved an Applied Scientist in industry, born in Pakistan and residing in the United States, who proposes to remain in the same employment in industry. Filed in Electrical & Computer 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 8 publications and 190 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 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.