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 5 approvals after RFE review, consisting of 1 EB-1A approval, 3 NIW approvals, and 1 O-1A approval. Several cases presented circumstances that added complexity to adjudication, including petitions that initially proceeded without supporting letters, multiple service center transfers, and applicants with relatively modest publication or citation records.

Cases With Inherent Challenges

Petitions Initially Proceeding Without Supporting Letters

Two NIW petitions initially proceeded without any recommendation or testimonial letters. Both applicants received RFEs and subsequently submitted 4 recommendation letters each as part of their RFE responses. These cases demonstrate how additional supporting evidence can be incorporated during RFE review to address the applicable NIW requirements.

Multiple Service Center Transfers

One petition 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.

EB-1A Approvals After RFE (1)

#1: EB-1A in Biomechanics

This EB-1A approval involved a Research Scientist in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Biomechanics, the petition received an RFE from Officer XM2259 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 10 publications and 178 citations, with peer-reviewed work published as recently as 2025. The initial filing included 6 recommendation letters and no testimonial 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. 

NIW Approvals After RFE (3)

#2: NIW in Computer Science

This NIW approval involved a Ph.D. Student (Graduate Research/Teaching Assistant), born in Egypt 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 the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 4 publications and 43 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting letters, while 4 recommendation letters were submitted as part of the RFE response.

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

#3: NIW in Thermal Engineering

This NIW approval involved a Ph.D. Student (Graduate Teaching and Research Assistant), born in Bangladesh and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Thermal Engineering, the petition received an RFE from Officer XM2416 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 6 publications and 33 citations, with peer-reviewed work published as recently as 2024. 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.

#4: NIW in Information Technology

This NIW approval involved a Data Management Analyst III, born in Bangladesh and residing in the United States, who proposes to remain in the same employment. Filed in Information Technology, the petition received an RFE from Officer XM2191 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 6 publications and 86 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 were submitted as part of the RFE response.

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

O-1A Approval After RFE (1)

#5: O-1A in Electronic Design Automation

This O-1A approval involved a Research Engineer in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Electronic Design Automation, the petition received an RFE from the Vermont Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 15 publications and 242 citations, with peer-reviewed work published as recently as 2026. The initial filing included 4 recommendation letters and no testimonial letters, while 3 additional recommendation letters were submitted with the RFE response.

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