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 20 I-140 approvals involving RFE review or adverse petition histories, consisting of 3 EB-1A approvals and 17 NIW approvals. Several cases presented circumstances that added complexity to adjudication, including previously denied petitions, multiple service center transfers, applicants in non-STEM fields, an applicant without an advanced degree, and petitions that proceeded without supporting letters. 

Cases With Inherent Challenges

Adverse Petition Histories

Three applicants had petition histories involving RFEs, denials, or unsuccessful appeals. These circumstances can add complexity to adjudication because an adverse outcome associated with one petition does not automatically determine eligibility in another. Each petition must independently establish that the applicant satisfies the applicable immigration requirements, supported by an evidentiary record addressing the relevant legal standards regardless of the outcomes associated with other petitions.

Multiple Service Center Transfers

Several petitions underwent multiple 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.

Petitions Proceeding Without Supporting Letters

Several petitions initially proceeded without recommendation or testimonial letters. While some applicants submitted additional supporting letters in response to RFEs, four petitions secured approval without any recommendation or testimonial letters throughout the entire adjudication process. These cases illustrate how eligibility may be established through the overall evidentiary record, including documented scholarly achievements, professional qualifications, and other relevant evidence.

EB-1A Approvals After RFE (3)

#1: EB-1A in Statistical Physics

This EB-1A approval involved a Quantitative Researcher in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Statistical Physics, the petition received an RFE from Officer XM2006 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 18 publications and 651 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 3 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 upfront premium processing.

Notable: This approval is notable for securing EB-1A approval after RFE review while undergoing multiple service center transfers. 

#2: EB-1A in Applied Economics

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

The applicant held a Ph.D. and demonstrated a substantial scholarly record consisting of 10 publications and 352 citations, with peer-reviewed work published as recently as 2025. The petition proceeded without any supporting letters.

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 in a non-STEM field without recommendation or testimonial letters while undergoing multiple service center transfers. 

#3: EB-1A in Medical Artificial Intelligence

This EB-1A approval involved a Director of Research Operations, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Medical Artificial Intelligence, the petition received an RFE from Officer XM1982 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 43 publications and 8,802 citations. The initial filing included 4 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 was adjudicated through the Texas Service Center with upfront premium processing. 

NIW Approvals After RFE (17)

#4: NIW in Computer Engineering

This NIW approval involved a Senior Researcher in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Computer Engineering, the applicant initially filed an NIW petition, followed by an EB-1A petition. The NIW has been approved, while the EB-1A has received an RFE from Officer XM1320 and was ultimately approved.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 12 publications and 472 citations, with peer-reviewed work published as recently as 2024. 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 despite a related EB-1A petition receiving an RFE review before being approved.

#5: NIW in Electrical Engineering

This NIW approval involved a Staff Electrical Engineer in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Electrical Engineering, the petition received an RFE from Officer TSC1771 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 47 publications and 3,124 citations, with peer-reviewed work published as recently as 2023. The initial filing included 4 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 upfront premium processing.

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

#6: NIW in Neurosurgery

This NIW approval involved an Attending Neurosurgeon, born in Azerbaijan and residing in Turkey, who proposes to work as an Investigator. Filed in Neurosurgery, the petition received an RFE from Officer TSC2069 before approval was ultimately secured.

The applicant held an M.D. and demonstrated an extensive scholarly record consisting of 47 publications and 1,654 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without any supporting letters, while 2 recommendation letters were submitted as part of the RFE response.

The petition was adjudicated through the Texas Service Center without premium processing and was approved after 789 days.

Notable: This approval is notable for securing NIW approval after RFE review in a non-STEM field while the applicant was residing outside the United States.

#7: NIW in Biochemistry

This NIW approval involved a Research Assistant Professor, born in Brazil and residing in the United States, who proposes to remain in the same employment. Filed in Biochemistry, the petition received an RFE from Officer TSC2416 before approval was ultimately secured.

The applicant held a STEM D.Sc. degree and demonstrated a substantial scholarly record consisting of 22 publications and 882 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without recommendation letters and included 1 testimonial letter, while 6 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.

#8: NIW in Radiology

This NIW approval involved a Pediatric Neuroradiology Fellow, born in Lebanon and residing in the United States, who proposes to remain in the same employment. Filed in Radiology, the petition received an RFE from Officer XM1986 before approval was ultimately secured.

The applicant held an M.D. and demonstrated a scholarly record consisting of 7 publications and 23 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 1 recommendation letter was submitted with the RFE response.

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

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

#9: NIW in Biophysics

This NIW approval involved a Ph.D. Student, born in China and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Biophysics, 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 32 citations, with peer-reviewed work published as recently as 2025. The petition included 2 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 a Ph.D. Student (Graduate Research Assistant), born in Bangladesh and residing in the United States, who proposes to work as a Postdoctoral Fellow. Filed in Biomedical Engineering, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant did not hold an advanced degree and claimed eligibility through both the exceptional ability pathway and a bachelor's degree plus at least five years of progressive work experience. At filing, the applicant demonstrated a scholarly record consisting of 2 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 7 additional recommendation letters and 1 testimonial letter 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 through both the exceptional ability pathway and a bachelor's degree plus at least five years of progressive work experience.

#11: NIW in Artificial Intelligence

This NIW approval involved a Senior Artificial Intelligence Applied 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 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 13 publications and 187 citations, with peer-reviewed work published as recently as 2026. The initial filing included 2 recommendation letters and no testimonial letters, while 2 additional 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 upfront premium processing.

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

#12: NIW in Physics

This NIW approval involved a Postdoctoral Research Associate, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Physics, the petition received an RFE from Officer XM2175 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 19 publications and 503 citations, with peer-reviewed work published as recently as 2025. The petition included 2 recommendation letters and 1 testimonial letter.

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

#13: NIW in Materials Science Engineering

This NIW approval involved a Postdoctoral Scholar, born in Russia and residing in the United States, who proposes to remain in the same employment. Filed in Materials Science 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 a scholarly record consisting of 5 publications and 105 citations, with peer-reviewed work published as recently as 2021. The petition included 2 recommendation letters and proceeded without testimonial letters.

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 Bioinformatics

This NIW approval involved a Postdoctoral Research Fellow in industry, born in Taiwan and residing in the United States, who proposes to remain in the same employment. Filed in Bioinformatics, the petition received an RFE from Officer XM1914 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 6 publications and 88 citations, with peer-reviewed work published as recently as 2024. 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.

#15: NIW in Computer Sciences and Engineering

This NIW approval involved a Ph.D. Student, born in Jordan and residing in the United States, who proposes to work as a Researcher. Filed in Computer Sciences and 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 9 publications and 377 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 any recommendation or testimonial letters.

#16: NIW in Mechanical Engineering

This NIW approval involved a Ph.D. Candidate, born in China and residing in the United States, who proposes to work as an Assistant Research Scientist. 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 15 publications and 132 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting letters, while 1 testimonial letter was submitted as part of the RFE response.

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

#17: NIW in Gerontology

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 Scholar. Filed in Gerontology, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a master’s degree and demonstrated a scholarly record consisting of 4 publications and 220 citations, with peer-reviewed work published as recently as 2023. The initial filing included 4 recommendation letters and no testimonial letters, while 1 additional recommendation letter was submitted as part of the RFE response.

The petition was adjudicated through the Texas Service Center without premium processing and was approved after 805 days.

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

#18: NIW in Materials Engineering

This NIW approval involved a Visiting Assistant Research Scientist, born in India and residing in the United States, who proposes to work as a Researcher in Materials Engineering in industry. Filed in Materials Engineering, the petition received an RFE from Officer TSC1771 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 18 publications and 483 citations, with peer-reviewed work published as recently as 2025. The petition proceeded without any supporting letters.

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 without recommendation or testimonial letters while undergoing multiple service center transfers.

#19: NIW in Artificial Intelligence and Software Engineering

This NIW approval involved a Ph.D. Student (Graduate Research Assistant), born in Iran and residing in the United States, who proposes to work as a Professor of Artificial Intelligence. Filed in Artificial Intelligence, the applicant secured approval through a refiled NIW petition following a prior NIW denial involving an RFE from Officer EX0399 and two appeals that were ultimately denied.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 14 publications and 142 citations, with peer-reviewed work published as recently as 2025. The petition included 3 recommendation letters and no 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 through a refiled petition despite a prior NIW denial after RFE review and two unsuccessful appeals.

#20: NIW in Electrical Engineering

This NIW approval involved an Assistant Professor, born in Bangladesh and residing in the United States, who proposes to remain in the same employment. Filed in Electrical Engineering, the applicant secured approval through a refiled petition after the first NIW petition received an RFE from Officer XM2567 and was denied, followed by an unsuccessful appeal. The applicant also had a related EB-1A petition that received an RFE from Officer EX0413 and was denied.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 37 publications and 333 citations, with peer-reviewed work published as recently as 2024. The petition included 6 recommendation letters and no testimonial letters.

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

Notable: This approval is notable for securing NIW approval through a refiled petition despite a prior NIW denial, an unsuccessful appeal, and a related EB-1A denial after RFE review.