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 five I-140 approvals secured after RFE review. These approvals include one EB-1A petition and four NIW petitions. One NIW approval involved a refiled petition after an earlier EB-1A petition received an RFE and was denied, while several petitions proceeded without recommendation letters or testimonial letters. The cases also reflect a combination of premium processing upgrades, upfront premium processing, and lengthy non-premium processing adjudications. 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

Prior Adverse Petition History

One approval involved a refiled NIW petition after a related EB-1A petition received an RFE and was ultimately denied. This procedural history required the subsequent NIW filing to independently establish eligibility while distinguishing itself from the earlier adjudication and presenting a persuasive evidentiary record under the applicable legal standard.

Limited or No Supporting Letters

Several approvals proceeded with limited supporting letters or no supporting letters. In these cases, adjudication necessarily relied more heavily on objective evidence, including publication record, citation impact, recent scholarly contributions, and documented professional accomplishments.

EB-1A Approvals After RFE (1)

#1: EB-1A in Food Science

This EB-1A approval involved a Postdoctoral Research Associate, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Food Science, the petition received an RFE from Officer XM1642 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 27 publications and 352 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

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

NIW Approvals After RFE (4)

#2: NIW in Materials Science

This NIW approval involved a Ph.D. student, born in Mexico and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Materials Science, the petition received an RFE from Officer XM2164 before approval was ultimately secured.

The applicant held a STEM master's degree and presented a scholarly profile consisting of 6 publications and 111 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without any supporting letters.

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 without recommendation or testimonial letters.

#3: NIW in Biology

This NIW approval involved a Research Trainee, born in Iran and residing in the United States, who proposes to remain in the same employment. Filed in Biology, the petition received an RFE from Officer XM2502 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 10 publications and 140 citations, with peer-reviewed work published as recently as 2023. The filing proceeded without any supporting letters.

The petition was adjudicated through the Texas Service Center without premium processing and was approved in 738 days.

Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters.

#4: NIW in Renewable Generation

This NIW approval involved a Managing Director and Member of the Board in industry, born and residing in Iran, who proposes to work as a Researcher. Filed in Renewable Generation, the petition received an RFE from Officer XM1761 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 4 publications and 613 citations, with peer-reviewed work published as recently as 2020. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Texas Service Center without premium processing and was approved in 904 days.

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

#5: NIW in Epidemiology

This NIW approval involved an Epidemiologist, born in Ethiopia and residing in the United States, who proposes to work as a Postdoctoral Fellow. Filed in Epidemiology, the applicant secured approval through a refiled NIW petition after an earlier EB-1A petition received an RFE from Officer EX0718 and was denied.

The applicant held a STEM master's degree and demonstrated an extensive scholarly record consisting of 36 publications and 719 citations. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

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

Notable: This approval is notable for securing NIW approval through a refiled petition after a related EB-1A petition received an RFE and was denied.