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 15 I-140 approvals involving RFE review or a prior adverse petition history, including 4 EB-1A petitions and 11 NIW petitions. Several cases presented circumstances that added complexity to adjudication, including a prior denial, multiple service center transfers, applicants residing outside the United States, a non-STEM case, an applicant qualifying through the exceptional ability pathway, and cases in which the initial filing included limited or no supporting letters.

Cases With Inherent Challenges

Prior Denial Following RFE Review

One approval involved an applicant who pursued an EB-1A refiling after the first EB-1A petition received an RFE and was denied. A refiled petition following an adverse petition history must independently establish eligibility under the EB-1A standard while presenting an evidentiary record capable of supporting the new petition despite the outcome of the earlier case.

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

Several approved petitions involved applicants residing outside the United States at the time of adjudication, including applicants residing in China, Greece, and Bangladesh. Despite residing outside the United States, these applicants ultimately secured approval after RFE review, showing that their residence abroad did not prevent successful adjudication of their cases.

EB-1A Approvals After RFE (4)

#1: EB-1A in Cancer Research

This EB-1A approval involved a Senior Scientist, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Cancer Research, 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 substantial scholarly record consisting of 16 publications and 782 citations, with peer-reviewed work published as recently as 2022. The initial filing included 5 recommendation letters and no testimonial letters, while 1 additional recommendation letter was submitted as part of the RFE response.

The petition 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.

#2: EB-1A in Electrical Engineering

This EB-1A approval involved a Senior Research Engineer in industry, born in China and residing in the United States, who proposes to remain in the same role. 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 18 publications and 952 citations, with peer-reviewed work published as recently as 2025. The initial filing included 2 recommendation letters and no testimonial letters, while the RFE response included 3 additional recommendation letters and 1 testimonial letter.

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

#3: EB-1A in Clinical Laboratory

This EB-1A approval involved an Embryologist, born and residing in China, who proposes to remain in the same employment. Filed in Clinical Laboratory, the applicant secured approval through a refiled EB-1A petition after the first EB-1A received an RFE from Officer XM1452 and was denied.

The applicant held a Ph.D. and presented an extensive scholarly record consisting of 71 publications and 1,597 citations, with peer-reviewed work published as recently as 2025. The approved petition was supported by 6 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 in a non-STEM field while the applicant was residing outside the United States, after the applicant’s initial EB-1A petition received an RFE and was ultimately denied, and the case was successfully approved upon refiling.

#4: EB-1A in Wireless Communications

This EB-1A approval involved a Professor, born and residing in Greece, who proposes to remain in the same employment. Filed in Wireless Communications, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 146 publications and 2,929 citations, with peer-reviewed work published as recently as 2025. The initial filing included 2 recommendation letters and no testimonial letters, while 2 testimonial letters were submitted with the RFE response.

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.

NIW Approvals After RFE (11)

#5: NIW in Mechanical Engineering

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 Mechanical Engineer in industry. Filed in Mechanical Engineering, the petition received an RFE from Officer XM2417 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 5 publications and 5 citations, with peer-reviewed work published as recently as 2026. The initial filing included 4 recommendation letters and 5 testimonial letters, while 6 additional recommendation letters were submitted as part of the RFE response.

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

#6: NIW in Molecular Biology and Biotechnology

This NIW approval involved an Associate Scientist and Senior Product Development Supervisor in industry, born and residing in Bangladesh, who proposes to work as a Senior Research Specialist (Genetic Medicine). Filed in Molecular Biology and Biotechnology, 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 substantial scholarly record consisting of 20 publications and 639 citations, with peer-reviewed work published as recently as 2022. The initial filing included 3 recommendation letters and no testimonial letters, while 7 additional 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 while the applicant was residing outside the United States.

#7: NIW in Genomics

This NIW approval involved a Ph.D. student (Graduate Researcher), born in South Korea and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Genomics, the petition received an RFE from Officer XM2294 before approval was ultimately secured.

The applicant did not hold an advanced degree and qualified through the exceptional ability pathway. At filing, the applicant demonstrated a substantial scholarly record consisting of 3 publications and 50 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 as part of the RFE response.

The petition 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.

#8: NIW in Electrochemistry

This NIW approval involved a Ph.D. student (Graduate Research Assistant), born in Taiwan and residing in the United States, who proposes to work as a Research and Development Scientist in industry. Filed in Electrochemistry, the petition received an RFE from Officer XM2532 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 7 publications and 174 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without any supporting letters, while 1 recommendation letter was submitted with the RFE response.

The petition 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.

#9: NIW in Civil Engineering

This NIW approval involved a Ph.D. student (Research Assistant), born in China and residing in the United States, who proposes to work as an Assistant Professor. Filed in Civil Engineering, the petition received an RFE from Officer XM2622 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 6 publications and 87 citations, with peer-reviewed work published as recently as 2024. The initial filing included 1 recommendation letter and no testimonial letters, while the RFE response included 3 additional recommendation letters and 2 testimonial letters.

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

#10: NIW in Biomedical Engineering

This NIW approval involved an Engineer A in industry, born and residing in China, who proposes to work as a Research Scientist - Artificial Intelligence and Neurological Signal Processing. Filed in Biomedical Engineering, 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 3 publications and 223 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting letters, while 2 recommendation letters were submitted with 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 while the applicant was residing outside the United States.

#11: NIW in Cancer and Cell Biology

This NIW approval involved a Ph.D. student (Graduate Research Assistant), born in Russia and residing in the United States, who proposes to work as a Postdoctoral Fellow. Filed in Cancer and Cell Biology, the petition received an RFE from Officer XM1926 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 4 publications and 39 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 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.

#12: NIW in Atmospheric Electricity

This NIW approval involved a Ph.D. student/Research Assistant, born in China and residing in the United States, who proposes to work as a Postdoctoral Fellow. Filed in Atmospheric Electricity, the petition received an RFE from Officer XM1926 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 9 publications and 70 citations, with peer-reviewed work published as recently as 2026. The case was supported by 2 recommendation letters and 2 testimonial letters.

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

#13: NIW in Intelligent Robotics

This NIW approval involved an Artificial Intelligence / Machine Learning Computational Science Associate Manager in industry, born in India and residing in the United States, who proposes to remain in the same role. Filed in Intelligent Robotics, the petition received an RFE from Officer XM2420 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 14 publications and 88 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 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.

#14: NIW in Applied Machine Learning

This NIW approval involved a Data Science Expert in industry, born in India and residing in the United States, who proposes to remain in the same role. Filed in Applied Machine Learning, 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 52 citations, with peer-reviewed work published as recently as 2021. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 6 recommendation letters were submitted as part of the RFE response.

The petition 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.

#15: NIW in Petroleum Engineering

This NIW approval involved a Research Assistant, born in China and residing in the United States, who proposes to work as a Term Assistant Professor, Process Technology in industry. Filed in Petroleum Engineering, 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 8 publications and 117 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 with the RFE response.

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