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 specific concerns raised during review.

The following success stories highlight 26 I-140 approvals involving RFE review or a related adverse petition history. These approvals include 4 EB-1A cases and 22 NIW cases. Several cases presented circumstances that added complexity to adjudication, including related EB-1A or prior NIW denials following an RFE, multiple service center transfers, non-STEM fields, petitions qualifying through non-advanced degree pathways such as exceptional ability or bachelor's plus five years of experience, applicants residing outside the United States, and petitions adjudicated under standard processing timelines without premium processing.

Cases With Inherent Challenges

Related Or Prior Denial Before Approval

Three applicants secured NIW approvals following previous or related petition denials. Two applicants had their related EB-1A petitions denied after receiving an RFE, while another applicant had a first NIW petition denied following an RFE. Refiled petitions carry inherent complexity because the applicant must independently establish full eligibility under the applicable NIW standard while addressing or overcoming the adverse history of the prior petition.

Multiple Service Center Transfers

A significant number of petitions underwent administrative transfers between the Nebraska Service Center and the Texas Service Center during adjudication. Transfers between centers can introduce procedural complexity, making it essential that the evidentiary record remains organized, consistent, and fully intact across distinct service center operations.

Non-Advanced Degree Pathways

Two approvals involved applicants who qualified without holding an advanced degree. One applicant established eligibility under the exceptional ability pathway, while another claimed eligibility based on a bachelor's degree plus five years of progressive experience. Establishing National Interest Waiver eligibility under these alternative pathways requires demonstrating exceptional ability or equivalent post-baccalaureate experience alongside a qualifying proposed endeavor.

EB-1A Approvals After RFE (4)

#1: EB-1A in Orthopedic Spine Surgery

This EB-1A approval involved an Assistant Professor and Orthopedic Spine Surgeon, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Orthopedic Spine Surgery, the petition received an RFE from the Nebraska Service Center before approval was secured.

The applicant held a master’s degree and demonstrated a scholarly record consisting of 40 publications and 166 citations, with peer-reviewed work published as recently as 2026. The initial filing included 6 recommendation letters and no testimonial letters, while no additional letters were submitted as part of the RFE response.

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

Notable: This approval is notable for securing EB-1A approval after RFE review in a non-STEM field.

#2: EB-1A in Applied Mathematics

This EB-1A approval involved a Postdoctoral Fellow, born in South Korea and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Applied Mathematics, the petition received an RFE from Officer XM1982 before approval was secured.

The applicant held a Ph.D. and demonstrated a scholarly record consisting of 12 publications and 175 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 recommendation letters and 1 testimonial letter, 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.

Notable: This approval is notable for securing EB-1A approval after RFE review in a non-STEM field.

#3: EB-1A in Biosciences

This EB-1A approval involved a Postdoctoral Fellow, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Biosciences, the petition received an RFE from Officer XM2254 before approval was secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 23 publications and 338 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 were submitted in response to the RFE.

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

#4: EB-1A in Artificial Intelligence

This EB-1A approval involved a Senior Applied Research Scientist in industry, born in China and residing in the United States, who proposes to remain in the same employment in industry. Filed in Artificial Intelligence, the petition received an RFE from the Nebraska Service Center before approval was secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 37 publications and 1,438 citations, with peer-reviewed work published as recently as 2026. The initial filing proceeded without any supporting letters, while 3 recommendation letters were submitted as part of the RFE response.

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

NIW Approvals After RFE (22)

#5: NIW in Pharmaceutical Sciences

This NIW approval involved a Research Associate, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Pharmaceutical Sciences, the applicant initially filed an EB-1A petition, followed by an NIW petition. The NIW petition was approved, while the EB-1A petition received an RFE from Officer XM1767 and was denied.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 42 publications and 1,189 citations, with peer-reviewed work published as recently as 2024. The filing included 4 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 following a prior EB-1A RFE and denial.

#6: NIW in Health Economics and Outcomes Research

This NIW approval involved a Lead HEOR in industry, born in China and residing in the United States, who proposes to remain in the same employment in industry. Filed in Health Economics and Outcomes Research, the petition received an RFE from Officer XM2260 before approval was secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 9 publications and 41 citations, with peer-reviewed work published as recently as 2023. The initial filing included 2 recommendation letters and no testimonial letters, while 3 additional recommendation letters and 1 testimonial letter were submitted in response to the RFE.

The petition underwent transfers from the Nebraska Service Center to the Texas Service Center and 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.

#7: NIW in Computer Networking and Security

This NIW approval involved an Assistant Professor, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Computer Networking and Security, the petition received an RFE from Officer XM2294 before approval was secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 21 publications and 216 citations, with peer-reviewed work published as recently as 2026. The initial filing proceeded without supporting letters, while 5 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 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 Algorithm Design and Analysis

This NIW approval involved a Modeling and Simulation Controls Engineer in industry, born in Nepal and residing in the United States, who proposes to remain in the same employment in industry. Filed in Algorithm Design and Analysis, the petition received an RFE from the Nebraska Service Center before approval was secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 2 publications and 52 citations, with peer-reviewed work published as recently as 2022. The initial filing included 2 recommendation letters and no testimonial letters, while 6 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.

#9: NIW in Secure and Intelligent Autonomous Systems

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 an Assistant Professor. Filed in Secure and Intelligent Autonomous Systems, the petition received an RFE from Officer XM2366 before approval was secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 4 publications and 77 citations, with peer-reviewed work published as recently as 2025. The initial filing included 2 recommendation letters and 2 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.

#10: NIW in Political Science

This NIW approval involved a Research Assistant, born in Turkey and residing in the United States, who proposes to work as a Tenure-Track Assistant Professor. Filed in Political Science, the petition received an RFE from Officer XM2622 before approval was secured.

The applicant held a Ph.D. and demonstrated a scholarly record consisting of 8 publications and 318 citations, with peer-reviewed work published as recently as 2023. The initial filing proceeded without any supporting letters, while 2 additional recommendation letters were submitted with the RFE response.

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

#11: NIW in Mechanical Engineering

This NIW approval involved a Ph.D. Student (Graduate Research and Teaching Assistant), born in Nepal and residing in the United States, who proposes to work as a Postdoctoral Research Associate. Filed in Mechanical Engineering, the petition received an RFE from the Nebraska Service Center before approval was secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 5 publications and 42 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting letters, while 4 additional recommendation letters and 2 testimonial letters were submitted with the RFE response.

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

#12: NIW in Civil Engineering

This NIW approval involved a Civil Engineer in industry, born in South Korea and residing in the United States, who proposes to remain in the same employment in industry. Filed in Civil Engineering, the petition received an RFE from the Nebraska Service Center before approval was secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 5 publications and 56 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting letters, while 2 additional recommendation letters were submitted as part of the RFE response.

The petition underwent transfers from the Texas Service Center to the Nebraska Service Center and back to the Texas 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 Materials Science and Engineering

This NIW approval involved a Technical Project Manager in industry, born in Russia and residing in the United States, who proposes to remain in the same employment in industry. Filed in Materials Science and Engineering, the petition received an RFE from Officer XM2545 before approval was secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 11 publications and 296 citations, with peer-reviewed work published as recently as 2023. The initial filing proceeded without any supporting letters, while 3 additional recommendation letters and 1 testimonial letter were submitted in response to the RFE.

The petition underwent transfers from the Nebraska Service Center to the Texas Service Center and 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 Metabolism

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

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 11 publications and 211 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting letters, while 4 additional recommendation letters and 1 testimonial letter were submitted as part of the RFE response.

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

#15: NIW in Electrical Engineering

This NIW approval involved a Ph.D. Student (Research Assistant), born in Bangladesh and residing in the United States, who proposes to work as an Assistant Professor. Filed in Electrical Engineering, 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 record consisting of 14 publications and 111 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting 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 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.

#16: NIW in Chemical Engineering

This NIW approval involved an R&D Engineer in industry, born in Taiwan and residing in the United States, who proposes to remain in the same employment in industry. Filed in Chemical Engineering, the petition received an RFE from the Texas Service Center before approval was secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 14 publications and 273 citations, with peer-reviewed work published as recently as 2024. The initial filing included 4 recommendation letters and no testimonial letters, 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 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.

#17: NIW in Human-Computer Interaction

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 an Assistant Professor. Filed in Human-Computer Interaction, the petition received an RFE from the Nebraska Service Center before approval was secured.

The applicant held no advanced degree and claimed eligibility through a bachelor's degree plus five years of progressive experience, demonstrating a scholarly record consisting of 7 publications and 29 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 as part of the RFE response.

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

Notable: This approval is notable for securing NIW approval after RFE review under the bachelor's plus five years of experience pathway while undergoing multiple service center transfers.

#18: NIW in Applied Machine Learning

This NIW approval involved an Applied Scientist II in industry, born in India and residing in the United States, who proposes to remain in the same employment in industry. Filed in Applied Machine Learning, the petition received an RFE from Officer XM2416 before approval was secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 8 publications and 133 citations, with peer-reviewed work published as recently as 2025. The initial filing included no supporting letters, while 6 additional recommendation letters were submitted with the RFE response.

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

#19: NIW in Computer 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 Research Scientist in industry. Filed in Computer Science, the petition received an RFE from Officer XM2191 before approval was secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 5 publications and 104 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 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 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.

#20: NIW in Physics

This NIW approval involved a Post Doctoral Scholar, born in Pakistan and residing in the United States, who proposes to remain in the same employment. Filed in Physics, the petition received an RFE from Officer XM1771 before approval was secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 16 publications and 320 citations, with peer-reviewed work published as recently as 2023. The initial filing included 2 recommendation letters and no testimonial letters, while 3 additional recommendation letters and 2 testimonial letters were submitted with the RFE response.

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

#21: NIW in Biomedical Science

This NIW approval involved a Ph.D. Candidate, born in Vietnam and residing in the United States, who proposes to work as a Research Scientist. Filed in Biomedical Science, the petition received an RFE from the Texas Service Center before approval was secured.

The applicant held no advanced degree and qualified through the exceptional ability pathway, demonstrating a scholarly record consisting of 7 publications and 43 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while 4 additional recommendation letters were submitted with the RFE response.

The petition underwent transfers from the Nebraska Service Center to the Texas Service Center and 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.

#22: NIW in Dentistry

This NIW approval involved a Professor, born and residing in Nigeria, who proposes to work as an Associate Professor. Filed in Dentistry, the petition received an RFE from Officer XM2024 before approval was secured.

The applicant held a B.D.S. degree and demonstrated an extensive scholarly record consisting of 84 publications and 877 citations, with peer-reviewed work published as recently as 2023. The initial filing included 2 recommendation letters and no testimonial letters, while no additional supporting letters were submitted with the RFE response.

The petition was adjudicated through the Texas Service Center without premium processing and was approved in 948 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.

#23: NIW in Environmental Geosciences

This NIW approval involved a Visiting Fellow (Research Scholar), born in China and residing in the United States, who proposes to work as a Research Associate. Filed in Environmental Geosciences, the applicant received an RFE from Officer XM2175 before approval was secured.

The applicant held a Ph.D. and demonstrated a scholarly record consisting of 15 publications and 229 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting letters, while 4 additional recommendation letters and 4 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 back to the Nebraska Service Center with a premium processing upgrade. 

Notable: This approval is notable for securing NIW approval after RFE review in a non-STEM field, while undergoing multiple service center transfers.

#24: NIW in Computer Engineering

This NIW approval involved a Postdoctoral Research Associate, born in Iran and residing in the United States, who proposes to work as a Research Scientist. Filed in Computer Engineering, the applicant initially filed an NIW petition, followed by an EB-1A petition. The EB-1A petition first received an RFE from Officer EX0718 and was denied, while the NIW petition also received an RFE from the Nebraska Service Center before approval was ultimately granted.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 21 publications and 308 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 recommendation letters and no testimonial letters, while 9 additional recommendation letters were submitted as part of the RFE response.

The petition underwent transfers from the Texas Service Center to the Nebraska Service Center and back to the Texas 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 despite a related EB-1A petition receiving an RFE and being denied.

#25: NIW in Atmospheric Sciences

This NIW approval involved a Research Scientist, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Atmospheric Sciences, the petition received an RFE from Officer XM2030 before approval was secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 8 publications and 328 citations, with peer-reviewed work published as recently as 2023. The initial filing proceeded without any supporting letters, while 5 additional recommendation letters and 1 testimonial letter were submitted as part of the RFE response.

The petition underwent transfers from the Nebraska Service Center to the Texas Service Center and 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.

#26: NIW in Spatial Computing

This NIW approval involved an Artificial Intelligence Applications Engineer in industry, born in China and residing in the United States, who proposes to remain in the same employment in industry. Filed in Spatial Computing, the applicant secured approval through a refiled petition after an earlier NIW petition received an RFE from Officer XM0034 and was denied.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 6 publications and 135 citations, with peer-reviewed work published as recently as 2025. The refiled petition included 6 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 after the applicant's first NIW petition received an RFE and was denied.