A Request for Evidence (RFE) represents one of the most demanding stages of adjudication in the employment-based immigration process. When USCIS issues an RFE, the petition enters a heightened level of review in which the adjudicating officer seeks additional clarification, stronger evidentiary support, or a more persuasive explanation connecting the applicant's accomplishments to the applicable immigration standard. Successfully navigating this stage requires a record that remains organized, internally consistent, and directly responsive to the concerns raised during adjudication.

The following success stories highlight two I-140 approvals secured after RFE review. These approvals include one EB-1A petition and one NIW petition. Both petitions received RFEs before approval was ultimately secured, and one petition also underwent multiple service center transfers during adjudication. Together, these approvals demonstrate that favorable outcomes remain achievable when the evidentiary record remains coherent, responsive, and aligned with the applicable legal standard.

Cases With Inherent Challenges

Multiple Service Center Transfers

One petition was transferred from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center before final adjudication. Such procedural movement can introduce additional complexity because the evidentiary record must remain well organized, internally consistent, and persuasive throughout review by different adjudicators.

Modest Scholarly Profile

One approval involved a comparatively modest scholarly profile consisting of 8 publications and 16 citations. In such cases, adjudication depends on demonstrating the overall strength of the evidentiary record rather than relying exclusively on quantitative research metrics, requiring the petition to clearly connect the applicant's qualifications, experience, and proposed work to the applicable legal standard.

EB-1A Approvals After RFE (1)

#1: EB-1A in Biomedical and Electrical Engineering

This EB-1A approval involved a Senior Electrical Engineer in industry, born in China and residing in the United States, who proposes to work as an Electrical Engineer and Optical Engineer in industry. Filed in Biomedical and Electrical Engineering, the petition received an RFE from Officer XM1267 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a strong scholarly record consisting of 34 publications and 814 citations, with peer-reviewed work published as recently as 2022. 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.

NIW Approvals After RFE (1)

#2: NIW in Mechatronics Engineering

This NIW approval involved a Ph.D. student, born in Peru and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Mechatronics Engineering, the petition received an RFE from Officer XM2594 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 8 publications and 16 citations, with peer-reviewed work published as recently as 2022. The filing was supported by 4 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.