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 18 I-140 approvals after RFE review, consisting of 5 EB-1A approvals and 13 NIW approvals. Several cases involved circumstances that added complexity to adjudication, including multiple service center transfers, applicants residing outside the United States, a non-STEM case, a petition adjudicated without premium processing for 967 days, and filings that initially proceeded with limited or no supporting letters. 

Cases With Inherent Challenges

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

Three approvals involved applicants who were residing outside the United States at the time of filing, including applicants residing in China and Iran. Each petition received an RFE before ultimately securing approval. These cases demonstrate that residing outside the United States did not prevent the petitions from being approved.

EB-1A Approvals After RFE (5)

#1: EB-1A in Artificial Intelligence

This EB-1A approval involved an Applied Scientist II in industry, born and residing in China, who proposes to remain in the same employment. Filed in Artificial Intelligence, 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 12 publications and 423 citations, with peer-reviewed work published as recently as 2024. The petition included 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 EB-1A approval after RFE review while the applicant was residing outside the United States.

#2: EB-1A in Microbial Pathogenesis

This EB-1A approval involved a Postdoctoral Fellow/Trainee, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Microbial Pathogenesis, the petition received an RFE from Officer XM2108 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 22 publications and 845 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while 3 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 EB-1A approval after RFE review while undergoing multiple service center transfers.

#3: EB-1A in Computational Engineering

This EB-1A approval involved a Senior Machine Learning Engineer/Consultant/Contractor in industry, born in India and residing in the United States, who proposes to work as a Senior Machine Learning Engineer, Applied Artificial Intelligence in industry. Filed in Computational Engineering, the petition received an RFE from Officer XM1320 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 19 publications and 337 citations, with peer-reviewed work published as recently as 2024. The initial filing included 4 recommendation letters and no testimonial letters, while 3 additional recommendation letters and 1 testimonial letter 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 EB-1A approval after RFE review while undergoing multiple service center transfers.

#4: EB-1A in Computational Biology

This EB-1A approval involved a Scientist I, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Computational 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 an extensive scholarly record consisting of 37 publications and 723 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 recommendation letters and no testimonial letters, while 2 additional recommendation letters and 1 testimonial letter were submitted as part of the RFE response.

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

#5: EB-1A in Industrial Engineering

This EB-1A approval involved a Senior Operations Research Consultant in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Industrial Engineering, the petition received an RFE from Officer XM1320 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 10 publications and 589 citations, with peer-reviewed work published as recently as 2024. The petition included 6 recommendation letters and proceeded without testimonial letters.

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

NIW Approvals After RFE (13)

#6: NIW in Materials Chemistry

This NIW approval involved a Ph.D. student (Graduate Student Researcher), born in Vietnam and residing in the United States, who proposes to work as a Chemist. Filed in Materials Chemistry, 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 6 publications and 90 citations, with peer-reviewed work published as recently as 2026. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 4 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 upfront premium processing.

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

#7: NIW in Plastic Surgery

This NIW approval involved a Postdoctoral Research Fellow, born in Iran and residing in the United States, who proposes to remain in the same employment. Filed in Plastic Surgery, the petition received an RFE from Officer XM2229 before approval was ultimately secured.

The applicant held an M.D. degree and demonstrated a substantial scholarly record consisting of 16 publications and 314 citations, with peer-reviewed work published as recently as 2025. The initial filing included 1 recommendation letter and 3 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.

Notable: This approval is notable for securing NIW approval after RFE review in a non-STEM field.

#8: NIW in Computational Modeling

This NIW approval involved a Ph.D. student (Graduate Research Assistant), born in Nepal and residing in the United States, who proposes to work as a Postdoctoral Fellow. Filed in Computational Modeling, the petition received an RFE from Officer XM1960 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 6 publications and 20 citations, with peer-reviewed work published as recently as 2026. The initial filing proceeded without recommendation letters and included 4 testimonial letters, while 1 recommendation letter was submitted as part of 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.

#9: NIW in Biomedical 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 Cell Biologist. Filed in Biomedical 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 6 publications and 38 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting letters, while 4 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.

#10: NIW in Process Systems Engineering

This NIW approval involved a Ph.D. student, born in Taiwan and residing in the United States, who proposes to work as a Raw Material Quality and Supplier Management Engineer in industry. Filed in Process Systems Engineering, the petition received an RFE from Officer XM1620 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 8 publications and 71 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while 2 additional recommendation letters and 2 testimonial letters were submitted as part of 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.

#11: NIW in Computer Engineering

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

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 8 publications and 32 citations, with peer-reviewed work published as recently as 2024. The initial filing included 4 recommendation letters and 1 testimonial letter, while 4 additional recommendation letters were submitted as part of the RFE response.

The petition underwent a transfer from the Nebraska Service Center to the Texas Service Center and was adjudicated with a premium processing upgrade. 

#12: NIW in Artificial Intelligence

This NIW approval involved a Ph.D. student (Graduate Researcher), born in Sri Lanka and residing in the United States, who proposes to work as a Postdoctoral Fellow in Computer Vision and Deep Learning. Filed in Artificial Intelligence, the petition received an RFE from Officer XM2560 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a substantial scholarly record consisting of 10 publications and 563 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 was adjudicated through the Texas Service Center with a premium processing upgrade. 

#13: NIW in Computer Vision

This NIW approval involved a Machine Learning Research Intern in industry, born in Taiwan and residing in the United States, who proposes to work as a Research Scientist in industry. Filed in Computer Vision, the petition received an RFE from Officer XM2560 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a substantial scholarly record consisting of 9 publications and 474 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 3 recommendation letters were submitted as part of 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.

#14: NIW in Drill and Blast Engineering

This NIW approval involved a Senior Drill and Blast Engineer in industry, born in Chile and residing in the United States, who proposes to remain in the same employment. Filed in Drill and Blast Engineering, the petition received an RFE from Officer XM2545 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 7 publications and 132 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without any supporting letters, while 1 testimonial letter was submitted as part of the RFE response.

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

#15: NIW in Neuroscience

This NIW approval involved a Postdoctoral Research Fellow, born in Nepal and residing in the United States, who proposes to remain in the same employment. Filed in Neuroscience, the petition received an RFE from Officer XM2149 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 4 publications and 72 citations, with peer-reviewed work published as recently as 2025. The initial filing included 1 recommendation letter and 3 testimonial letters, while 4 additional recommendation letters were submitted with the RFE response.

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

#16: NIW in Electrical Engineering

This NIW approval involved an Assistant Professor, born and residing in Iran, who proposes to work as a Power System Engineer. Filed in Electrical 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 an extensive scholarly record consisting of 43 publications and 1,261 citations, with peer-reviewed work published as recently as 2023. The petition included 4 recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Texas Service Center without premium processing and was approved after 967 days.

Notable: This approval is notable for securing NIW approval after RFE review while the applicant was residing outside the United States.

#17: NIW in Solid-State Devices

This NIW approval involved a Staff Engineer in Technology Development Engineering in industry, born and residing in China, who proposes to remain in the same employment. Filed in Solid-State Devices, the petition received an RFE from Officer XM1960 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 5 publications and 20 citations, with peer-reviewed work published as recently as 2026. The initial filing included 1 recommendation letter and 1 testimonial letter, while 2 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 upfront premium processing.

Notable: This approval is notable for securing NIW approval after RFE review while the applicant was residing outside the United States and undergoing multiple service center transfers.

#18: NIW in Forestry and Geospatial Modeling

This NIW approval involved a Research Scientist, born in Nepal and residing in the United States, who proposes to remain in the same employment. Filed in Forestry and Geospatial Modeling, the petition received an RFE from Officer XM1960 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 2 publications and 15 citations, with peer-reviewed work published as recently as 2024. The initial filing included 4 recommendation letters and no testimonial letters, while 3 additional recommendation letters and 1 testimonial letter 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.