A Request for Evidence (RFE) represents one of the most demanding stages of adjudication in the employment-based immigration process. Once USCIS issues an RFE, the petition enters a heightened level of review in which the adjudicating officer may request additional documentation, clarification of the applicant’s qualifications, or a more persuasive explanation connecting the evidence to 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 adjudication.

The following success stories highlight 14 I-140 approvals secured after RFE review. These approvals include 3 EB-1A petitions and 11 NIW petitions. Several approvals involved circumstances that added complexity to adjudication, including related petition histories, multiple service center transfers, applicants residing outside the United States, and petitions with limited or no supporting letters.

Cases With Inherent Challenges

Related Adverse Petition History

Two NIW approvals involved related EB-1A petition histories that added complexity to adjudication. One applicant had two related EB-1A petitions that received RFEs and were denied, while another had a related EB-1A petition that received an RFE and remained pending. In both cases, the approved NIW petitions were required to independently establish eligibility through well-organized and sufficiently supported evidentiary records.

Multiple Service Center Transfers

Several petitions were transferred from the Nebraska Service Center to the Texas Service Center and then returned to the Nebraska Service Center before final adjudication. Such procedural movement can add complexity because the petition must remain logically structured, internally consistent, and persuasive throughout review by different service center operations.

Limited or No Supporting Letters

A few petitions proceeded without recommendation or testimonial letters, while several other filings relied on a limited number of supporting letters. In these cases, adjudication depended more heavily on objective evidence, including academic credentials, publication records, citation impact, professional experience, and documentation demonstrating the significance of the applicants’ work.

Applicants Residing Outside the United States

Two approvals involved applicants who were residing outside the United States during adjudication. In these cases, the petitions were still required to clearly establish the applicants' qualifications, proposed work in the United States, and eligibility under the applicable immigration standard.

EB-1A Approvals After RFE (3)

#1: EB-1A in Electrical Engineering

This EB-1A approval involved a Technical Assistant Manager in industry, born and residing in Taiwan, who proposes to work as a Technical Director of Mixed Signal in industry. Filed in Electrical Engineering, 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 25 publications and 675 citations, with peer-reviewed work published as recently as 2026. The filing was supported by 2 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 RFE review while the applicant was residing outside the United States.

#2: EB-1A in Computer Science

This EB-1A approval involved a Senior Software Engineer in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Computer Science, 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 7 publications and 108 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 6 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 EB-1A approval after RFE review while undergoing multiple service center transfers.

#3: EB-1A in Mucosal Immunology

This EB-1A approval involved an Instructor, born in Italy and residing in the United States, who proposes to remain in the same employment. Filed in Mucosal Immunology, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and established a substantial scholarly record consisting of 13 publications and 617 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 4 recommendation letters and 3 testimonial letters.

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

NIW Approvals After RFE (11)

#4: NIW in Veterinary Science and Technology

This NIW approval involved a Postdoctoral Research Associate, born in Vietnam and residing in the United States, who proposes to remain in the same employment. Filed in Veterinary Science and Technology, the applicant initially filed an NIW petition, followed by an EB-1A petition. The NIW petition was ultimately approved, while the first EB-1A petition received an RFE from Officer XM2115 and was denied. The second EB-1A petition subsequently received another RFE from Officer EX0150 and was also denied.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 20 publications and 90 citations, with peer-reviewed work published as recently as 2024. The petition proceeded without any supporting letters.

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

Notable: This approval is notable for securing NIW approval without recommendation or testimonial letters while two related EB-1A petitions received RFEs and were denied.

#5: NIW in Artificial Intelligence

This NIW approval involved a Research Scientist in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Artificial Intelligence, the applicant initially filed an NIW petition, followed by an EB-1A petition. The NIW has been approved, while the EB-1A received an RFE from the Nebraska Service Center and remained pending.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 18 publications and 167 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

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

Notable: This approval is notable for securing NIW approval while a related EB-1A petition remained pending after RFE review.

#6: NIW in Clinical Medicine

This NIW approval involved a Research Associate, born in Iran and residing in the United States, who proposes to remain in the same employment. Filed in Clinical Medicine, the petition received an RFE from Officer XM0832 before approval was ultimately secured.

The applicant held an M.D. degree and demonstrated a scholarly record consisting of 3 publications and 28 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 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.

#7: NIW in Computer Science

This NIW approval involved a Ph.D. candidate (Research Assistant), born in Taiwan and residing in the United States, who proposes to work as an Applied Scientist in industry. Filed in Computer Science, 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 7 publications and 148 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 while undergoing multiple service center transfers.

#8: NIW in Medicinal Chemistry

This NIW approval involved a Postdoctoral Fellow, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Medicinal Chemistry, the petition received an RFE from Officer XM2043 before approval was ultimately secured.

The applicant held a STEM Ph.D. and established a substantial scholarly record consisting of 20 publications and 632 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 3 recommendation letters and 1 testimonial letter.

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

#9: NIW in Biomedical Imaging

This NIW approval involved a Senior Data Analyst, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Biomedical Imaging, the petition received an RFE from Officer XM2358 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated an extensive scholarly record consisting of 22 publications and 1,416 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

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

#10: NIW in Computer Science

This NIW approval involved a Ph.D. student (Research Assistant), born in Bangladesh and residing in the United States, who proposes to work as a Researcher in industry. Filed in Computer Science, the petition received an RFE from Officer NSC0852 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 16 publications and 184 citations, with peer-reviewed work published as recently as 2023. 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 Analytical Chemistry

This NIW approval involved a Process Development Senior Scientist in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Analytical Chemistry, 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 3 publications and 79 citations, with peer-reviewed work published as recently as 2023. 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 a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters while undergoing multiple service center transfers.

#12: NIW in Business Analytics

This NIW approval involved a Principal Associate, Data Science in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Business Analytics, the petition received an RFE from Officer XM1989 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 filing was supported by 2 recommendation letters and proceeded without testimonial letters.

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

#13: NIW in Industrial Engineering

This NIW approval involved a Research Associate, born and residing in Iran, who proposes to become an Associate Professor. Filed in Industrial Engineering, the petition received an RFE from Officer XM2534 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 85 publications and 4,180 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 without premium processing and was approved in 901 days.

Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters while the applicant was residing outside the United States.

#14: NIW in Biomedical Informatics

This NIW approval involved a Ph.D. candidate (Graduate Research Assistant), born in Taiwan and residing in the United States, who proposes to work as a Data Scientist. Filed in Biomedical Informatics, the petition received an RFE from Officer EX0852 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 4 publications and 64 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

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