A Request for Evidence, or RFE, is not a final adjudication outcome. In the I-140 context, it often reflects the adjudicating officer’s need for a clearer explanation of eligibility, a stronger evidentiary connection between the applicant’s record and the governing legal standard, or a more persuasive account of the applicant’s proposed work and future role. Even when approval is ultimately secured, an RFE usually marks a more demanding stage of review in which the petition must remain coherent and persuasive under closer scrutiny.

The following six success stories highlight I-140 approvals secured after RFE-related complications. These approvals include one EB-1A approval and five NIW approvals. Taken together, they reflect several forms of adjudicative complexity, including repeated service center transfers, refilings after earlier adverse or incomplete NIW outcomes, approvals involving compact publication records, and varied professional profiles spanning both academic and industry-based roles.

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Cases With Inherent Challenges

Refiled NIW Approvals After Earlier Adverse or Incomplete Outcomes

Not every approval in this group followed a straightforward path from filing to final adjudication. One NIW petition was approved only after an earlier NIW filing had received an RFE and was withdrawn, while another NIW approval came after two earlier NIW filings had each received RFEs and were denied. This kind of procedural history adds complexity because the later petition must still support approval, even though earlier filings had already encountered heightened scrutiny and failed to reach a successful outcome.

Cross Service Center Adjudication

Some approvals in this group did not remain on a single adjudicative track. The EB-1A case and one NIW case each moved from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center before approval. That kind of procedural movement can make a case more demanding because the filing must remain internally consistent and persuasive across multiple stages of review.

Uneven Scholarly Profiles and Degree Levels

The approved petitions also reflect a meaningful range of academic profiles. Several applicants held Ph.D. degrees and presented stronger citation records, while others succeeded with master’s level credentials and more compact publication counts. This variation is notable because it shows that, even after RFE scrutiny, approval did not turn on any single numerical benchmark alone.

Varied Professional and Geographic Contexts

These approvals also arose from different employment and residential settings. Some applicants were working in academia, others were employed in industry, and one successfully refiled NIW petitioner was residing outside the United States at the time of approval. This variation adds another layer of complexity, demonstrating that these approved cases did not rely on a single professional pathway or residence pattern.

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EB-1A Approvals After RFE (1)

#1: EB-1A in Electrical Engineering

This EB-1A approval involved a Senior Electricity Market Optimization Software Engineer in industry born in China and residing in the United States, who proposes to remain in the same role. Filed in Electrical Engineering, the petition received an RFE from Officer XM1706 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a developed scholarly profile that included 13 publications and 442 citations, with the latest peer-reviewed publication dating to 2022. The filing was supported by four recommendation letters and no testimonial letters.

The case utilized a premium processing upgrade and followed a multi-step procedural path, transferring from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center.

Notable: This approval is notable for combining post-RFE approval with repeated service center transfers.

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NIW Approvals After RFE (5)

#2: NIW in Transportation Engineering

A Postdoctoral Research Associate from China currently residing in the United States, this applicant intends to continue in their role. Filed in Transportation Engineering, the petition received an RFE from the Texas Service Center before approval was secured.

The applicant held a STEM Ph.D. and presented a relatively compact scholarly record consisting of 8 publications and 84 citations, with the latest peer-reviewed publication dating to 2024. The filing proceeded without any supporting letters.

The case remained at the Texas Service Center and proceeded with a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review without any supporting recommendation or testimonial letters, while also relying on a comparatively compact scholarly record.

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#3: NIW in Computer Science

Currently a Ph.D. student, this Taiwanese-born applicant residing in the United States proposes a transition to a Postdoctoral Researcher role. Filed in Computer Science, the petition received an RFE from Officer EX0205 before ultimately being approved.

The applicant held a STEM master’s degree and presented 6 publications and 95 citations, with the latest peer-reviewed publication dating to 2025. The filing was supported by two recommendation letters and no testimonial letters.

This matter proceeded at the Nebraska Service Center with upfront premium processing.

Notable: This approval is notable for securing NIW approval after RFE review with a relatively compact publication record.

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#4: NIW in Bioengineering

This NIW approval involved a Bioengineer born in Taiwan and residing in the United States, who proposes to transition into a Postdoctoral Associate role. Filed in Bioengineering, the petition received an RFE from Officer XM2009 before approval was secured.

The applicant held a STEM master’s degree and presented a solid scholarly profile that included 8 publications and 168 citations, with the latest peer-reviewed publication dating to 2025. The filing was supported by three recommendation letters and one testimonial letter.

The case utilized a premium processing upgrade and followed a complex adjudicative route, transferring from the Nebraska Service Center to the Texas Service Center and then back to the Nebraska Service Center.

Notable: This approval is notable for combining post-RFE NIW approval with repeated service center transfers.

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#5: NIW in AI

Working as a Senior Software Engineer in industry, this Chinese-born applicant residing in the United States intends to maintain the same role. Filed in AI, the successful petition was a refiled NIW case following an earlier NIW filing that had received an RFE from Officer XM2543 and was withdrawn.

The applicant held a STEM master’s degree and presented 7 publications and 256 citations, with the latest peer-reviewed publication dating to 2024. The filing proceeded without any supporting letters.

The case moved through the Nebraska Service Center and proceeded with a premium processing upgrade.

Notable: This approval is notable for securing NIW approval without any supporting recommendation or testimonial letters and through a refiled petition after an earlier NIW filing received an RFE and was withdrawn.

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#6: NIW in Civil Engineering

Residing in China, this Chinese-born Visiting Scholar proposes a transition to a Senior Researcher in Civil Engineering and AI-driven Interdisciplinary Applications role. Filed in Civil Engineering, this successful petition was a refiled NIW case following two earlier NIW denials, both of which had previously received RFEs from Officers EX0399 and XM2229, respectively.

The applicant held a STEM Ph.D. and presented 11 publications and 160 citations, with the latest peer-reviewed publication dating to 2016. The filing was supported by four recommendation letters and no testimonial letters.

The case proceeded at the Nebraska Service Center and utilized a premium processing upgrade.

Notable: This approval is highly notable for securing an NIW through a refiled petition after overcoming two earlier NIW denials following RFE reviews, while the applicant resided outside the United States and presented an older latest publication date.