A Request for Evidence (RFE) represents one of the most demanding stages of adjudication in the employment-based immigration process. Once USCIS issues an RFE, the petition enters a heightened level of review in which the adjudicating officer may request additional documentation, clarification of the applicant’s qualifications, or a more persuasive explanation connecting the submitted evidence to 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 adjudication.

The following success stories highlight 6 I-140 approvals secured after RFE review. These approvals include 2 EB-1A petitions and 4 NIW petitions. Several cases involved circumstances that added complexity to adjudication, including related adverse petition histories, multiple service center transfers, petitions without supporting letters, and an applicant residing outside the United States.

Cases With Inherent Challenges

Related Adverse Petition History

Several approvals involved related petition histories that added complexity to adjudication, including prior or concurrent filings that received RFEs, denials, or remained pending. Such histories can add complexity because each petition must independently establish eligibility through a well-organized and sufficiently supported evidentiary record.

Multiple Service Center Transfers

One petition was transferred from the Nebraska Service Center to the Texas Service Center and then returned to the Nebraska Service Center before final adjudication. Such procedural movement can add complexity because the petition must remain logically structured, internally consistent, and persuasive throughout review by different service center operations.

Limited or No Supporting Letters

Two petitions proceeded without recommendation or testimonial letters, while the remaining cases relied on a limited number of supporting letters. In cases without supporting letters, adjudication depended more heavily on objective evidence such as academic credentials, publication records, citation impact, professional experience, and documentation demonstrating the significance of the applicants’ work.

Applicant Residing Outside the United States

One approval involved an applicant who was residing outside the United States during adjudication. In such circumstances, the petition must still clearly establish the applicant’s qualifications, proposed work in the United States, and eligibility under the applicable immigration standard.

EB-1A Approvals After RFE (2)

#1: EB-1A in Real-World Evidence

This EB-1A approval involved a Senior Manager, Real-World Evidence Analytics in industry, born in Taiwan and residing in the United States, who proposes to remain in the same employment. Filed in Real-World Evidence, the applicant initially filed an NIW petition, followed by an EB-1A petition. The EB-1A has been approved, while the NIW received an RFE from the Texas Service Center and remained pending.

The applicant held a STEM master’s degree and demonstrated a substantial scholarly record consisting of 13 publications and 945 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

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

Notable: This approval is notable for securing EB-1A approval while a related NIW petition remained pending after receiving an RFE.

#2: EB-1A in Sustainability

This EB-1A approval involved a Senior Sustainability Data Engineer in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Sustainability, the applicant’s first EB-1A petition received an RFE from Officer EX0024 and was denied, while the refiled EB-1A petition subsequently 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 11 publications and 335 citations, with peer-reviewed work published as recently as 2024. The petition was supported by 4 recommendation letters and proceeded without testimonial letters.

The adjudication involved 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 through a refiled petition after an RFE and multiple service center transfers, despite the applicant's first EB-1A petition receiving an RFE and being denied.

NIW Approvals After RFE (4)

#3: NIW in Computer and Electrical Engineering

This NIW approval involved a Member of Technical Staff Software Development Engineer in industry, born in Egypt and residing in the United States, who proposes to remain in the same employment. Filed in Computer and Electrical Engineering, 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 4 publications and 66 citations, with peer-reviewed work published as recently as 2023. The petition 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.

#4: NIW in Biomedicine

This NIW approval involved an Instructor, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Biomedicine, the petition received an RFE from Officer XM2534 before approval was ultimately secured.

The applicant held a STEM Ph.D. and established a scholarly record consisting of 6 publications and 421 citations, with peer-reviewed work published as recently as 2025. The petition 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.

#5: NIW in 5G Communications

This NIW approval involved a Postdoctoral Researcher, born in Germany and residing in the United States, who proposes to remain in the same employment. Filed in 5G Communications, 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 58 citations, with peer-reviewed work published as recently as 2021. 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.

#6: NIW in Emerging Technologies

This NIW approval involved a Lecturer, born in Yemen and residing in Malaysia, who proposes to work as a Lead Artificial Intelligence Accessibility Researcher. Filed in Emerging Technologies, the petition received an RFE from Officer XM2134 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 31 publications and 830 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Texas Service Center without premium processing and was approved in 827 days.

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