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, the petition undergoes additional scrutiny, and the adjudicating officer may request further evidence 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 directly responsive to the concerns raised during review.

The following success stories highlight 15 I-140 approvals involving RFE review or related adverse petition histories. These approvals include 1 EB-1A petition and 14 NIW petitions. Several cases presented circumstances that added complexity to adjudication, including previously denied or withdrawn related petitions, multiple service center transfers, limited or no supporting letters, an applicant residing outside the United States, and petitions requiring additional recommendation or testimonial letters during RFE review.

Cases With Inherent Challenges

Related Petition Histories Involving RFEs, Denial, or Withdrawal

Four approvals involved applicants with related petitions that had undergone RFE review. These histories included a prior NIW and an O-1A that were ultimately approved after RFEs, as well as related EB-1A petitions that were withdrawn or denied after receiving RFEs. Such circumstances add complexity because the current petition must independently establish eligibility under its own legal standard while maintaining a coherent evidentiary record across related immigration filings.

Multiple Service Center Transfers

Several petitions underwent multiple transfers between the Nebraska Service Center and the Texas Service Center during adjudication. These procedural movements can add administrative complexity because the petition record must remain clear, logically organized, and consistent throughout adjudication across different service center operations.

Limited or No Supporting Letters

Several petitions relied on a limited number of supporting letters, while some proceeded without recommendation or testimonial letters. In several RFE cases, additional recommendation or testimonial letters were submitted during the response stage. These cases required the overall record to establish the applicants’ qualifications through a combination of scholarly credentials, citation impact, professional background, and the additional evidence submitted when applicable.

EB-1A Approval After RFE (1)

#1: EB-1A in Gravitational Wave Physics

This EB-1A approval involved an Assistant Project Scientist, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Gravitational Wave Physics, the applicant initially filed an NIW petition, followed by an EB-1A petition. The EB-1A has been approved, while the NIW was approved after receiving an RFE from Officer XM1986.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 66 publications and 24,927 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 3 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 despite a related NIW petition receiving an RFE before being approved.

NIW Approvals After RFE (14)

#2: NIW in Aerospace Engineering

This NIW approval involved a Postdoctoral Scholar, born in Australia and residing in the United States, who proposes to remain in the same employment. Filed in Aerospace Engineering, the applicant initially filed an NIW petition, followed by an O1A petition. The NIW has been approved, while the O1A received an RFE from Officer XW1899 and was subsequently approved.

The applicant held a STEM Ph.D. and presented a scholarly record consisting of 9 publications and 66 citations, with peer-reviewed work published as recently as 2024. The NIW filing was supported by 4 recommendation letters and 1 testimonial letter.

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

Notable: This approval is notable for securing NIW approval despite a related O-1A petition receiving an RFE before being approved.

#3: NIW in Medical Science

This NIW approval involved an Adjunct Associate Lecturer, born in Venezuela and residing in Australia, who proposes to work as a Postdoctoral Associate. Filed in Medical Science, the applicant initially filed an EB-1A petition, followed by an NIW petition. The NIW has been approved, while the EB-1A received an RFE from Officer XM2534 and was withdrawn.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 24 publications and 1,254 citations, with peer-reviewed work published as recently as 2022. 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 without recommendation or testimonial letters while residing outside the United States, despite a related EB-1A petition receiving an RFE and being withdrawn.

#4: NIW in Immunology

This NIW approval involved a Postdoctoral Fellow, born in South Korea and residing in the United States, who proposes to remain in the same employment. Filed in Immunology, 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 Officer XM1566 and was denied.

The applicant held an M.D. degree and demonstrated a scholarly record consisting of 7 publications and 296 citations, with peer-reviewed work published as recently as 2023. The filing 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 in a non-STEM field without recommendation or testimonial letters despite a related EB-1A petition receiving an RFE and being denied.

#5: NIW in Chemistry

This NIW approval involved an Assistant/Associate Professor of Physical or Inorganic Chemistry, born in Sri Lanka and residing in the United States, who proposes to remain in the same employment. Filed in Chemistry, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a scholarly record consisting of 3 publications and 31 citations, with peer-reviewed work published as recently as 2024. The initial filing was supported by 1 recommendation letter and 1 testimonial letter, while 2 additional testimonial letters were submitted during the RFE stage.

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

#6: NIW in Physical Geography

This NIW approval involved a Geography Researcher II, born in Sri Lanka and residing in the United States, who proposes to remain in the same employment. Filed in Physical Geography, the petition received an RFE from Officer XM2623 before approval was secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly profile consisting of 13 publications and 851 citations, with peer-reviewed research published as recently as 2026. The initial petition proceeded without recommendation letters and included 2 testimonial letters, while the RFE response was supported by 3 recommendation 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 while undergoing multiple service center transfers.

#7: NIW in Machine Learning

This NIW approval involved an applicant born in China and residing in the United States who proposes to work as a Data Scientist in industry. Filed in Machine Learning, the petition received an RFE from the Texas Service Center before approval was secured.

The applicant held a STEM master’s degree and demonstrated a scholarly profile consisting of 8 publications and 162 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without recommendation letters and included 3 testimonial letters, while 2 recommendation letters were submitted during the RFE stage.

The petition transferred from the Texas Service Center to the Nebraska Service Center with a premium processing upgrade.

#8: NIW in Clinical Oncology

This NIW approval involved a Resident Physician, born in Burundi and residing in the United States, who proposes to remain in the same employment. Filed in Clinical Oncology, the petition received an RFE from Officer XM2418 before approval was ultimately achieved.

The applicant held an M.D. degree and demonstrated a scholarly record consisting of 4 publications and 29 citations, with peer-reviewed work published as recently as 2023. The initial petition proceeded without any supporting letters, and 2 recommendation letters were subsequently submitted during the RFE stage.

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.

#9: NIW in Molecular Biology

This NIW approval involved a Postdoctoral Fellow, born in Bangladesh and residing in the United States, who proposes to remain in the same employment. Filed in Molecular Biology, 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 9 publications and 66 citations, with peer-reviewed work published as recently as 2024. Although the initial petition proceeded without any supporting letters, the RFE response was supported by 4 recommendation letters.

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

#10: NIW in Neuroscience

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 Neuroscience, the petition received an RFE from Officer XM2616 before approval was secured.

The applicant held a STEM Ph.D. and presented a substantial scholarly record consisting of 12 publications and 806 citations, with peer-reviewed work published as recently as 2023. The initial filing was supported by 4 recommendation letters, while the RFE response included 1 additional recommendation letter and 1 testimonial letter.

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

#11: NIW in Electrical Engineering

This NIW approval involved a Ph.D. student (Graduate Student Research Assistant), born in Pakistan and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Electrical Engineering, the petition received an RFE from Officer XM2367 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 4 publications and 24 citations, with peer-reviewed work published as recently as 2023. The initial filing was supported by 2 recommendation letters, and the RFE response included 3 additional recommendation 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.

#12: NIW in Industrial Engineering

This NIW approval involved a Ph.D. student (Research Assistant), born in Iran and residing in the United States, who proposes to work as a Researcher. Filed in Industrial Engineering, the petition received an RFE from Officer XM2375 before approval was ultimately secured.

The applicant held a STEM master’s degree and presented a scholarly record consisting of 2 publications and 22 citations, with peer-reviewed work published as recently as 2023. The initial filing included 2 recommendation letters, while 4 additional recommendation letters were submitted during the RFE response.

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 Robotics

This NIW approval involved a Head of Research - Robotics in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Robotics, the petition received an RFE from Officer XM2418 before approval was secured.

The applicant held a STEM master’s degree and demonstrated a substantial scholarly record consisting of 8 publications and 778 citations, with peer-reviewed work published as recently as 2023. The initial petition was supported by 4 recommendation letters and 1 testimonial letter, and the RFE response included 4 additional recommendation letters.

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

#14: NIW in Condensed Matter Physics

This NIW approval involved a Ph.D. candidate, born in the United Kingdom and residing in the United States, who proposes to work as a Postdoctoral Scholar. Filed in Condensed Matter Physics, 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 5 publications and 195 citations, with peer-reviewed work published as recently as 2025. The initial petition proceeded without any supporting letters, while 2 recommendation letters were added during the RFE stage.

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.

#15: NIW in Econometrics

This NIW approval involved an Associate Lead Analyst 1 in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Econometrics, 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 2 publications and 37 citations, with peer-reviewed work published as recently as 2022. The filing was supported by 4 recommendation letters and proceeded without testimonial letters, with no additional supporting letters submitted during the RFE stage.

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 while undergoing multiple service center transfers.