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 6 I-140 approvals secured after RFE review or earlier adverse petition outcomes. These approvals include 3 EB-1A petitions, 1 EB-1B petition, and 2 NIW petitions. Two applicants obtained approval through refiled petitions after earlier filings were denied or withdrawn, several petitions underwent multiple service center transfers, and one approval proceeded without recommendation or testimonial letters. Together, these cases 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

Several approvals involved prior petition histories that added complexity to adjudication. In these cases, the approved petitions were required to establish eligibility through well-supported evidentiary records despite earlier adverse developments during the immigration process.

Multiple Service Center Transfers

Two petitions were transferred from the Nebraska Service Center to the Texas Service Center and then back 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 as it passes through different service center review processes.

Limited or No Supporting Letters

One NIW petition proceeded without either recommendation letters or testimonial letters. In the absence of supporting letters, the adjudication depended more heavily on objective documentation, including the applicant’s publication record, citation impact, professional background, and evidence demonstrating the significance of the applicant’s work.

EB-1A Approvals After RFE (3)

#1: EB-1A in Biology

This EB-1A approval involved a Clinical Lab Analyst V, born in China and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Biology, the petition received an RFE from Officer XM2005 before approval was ultimately secured.

The applicant held a Ph.D. and demonstrated a scholarly record consisting of 15 publications and 318 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 6 recommendation letters and proceeded without testimonial letters.

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.

#2: EB-1A in Human-Computer Interaction

This EB-1A approval involved an Assistant Professor, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Human-Computer Interaction, the petition received an RFE from Officer XM0389 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 79 publications and 4,850 citations, with peer-reviewed work published as recently as 2026. The filing 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 after RFE review while undergoing multiple service center transfers.

#3: EB-1A in Neurology

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

The applicant held an M.D. degree and demonstrated an extensive scholarly record consisting of 66 publications and 1,197 citations, with peer-reviewed work published as recently as 2025. 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.

EB-1B Approvals After RFE (1)

#4: EB-1B in Pathology

This EB-1B approval involved an Assistant Professor, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Pathology, the applicant secured approval through a third refiled petition after the first EB-1B petition received an RFE from Officer 0214 and was withdrawn, while the second EB-1B petition received another RFE from the same officer and was denied.

The applicant qualified through exceptional ability without an advanced degree and demonstrated a scholarly record consisting of 11 publications and 417 citations, with peer-reviewed work published as recently as 2025. The approved filing was supported by 7 recommendation letters and 1 testimonial letter.

The petition was adjudicated through the Nebraska Service Center without premium processing and was approved in 312 days.

Notable: This approval is notable for securing EB-1B approval through the exceptional ability pathway in a non-STEM field via a refiled petition after two earlier EB-1B filings encountered adverse outcomes, including withdrawal following an RFE and denial after a second RFE.

NIW Approvals After RFE (2)

#5: NIW in Cancer Diagnosis

This NIW approval involved a Researcher, born and residing in China, who proposes to work as a Research Scientist. Filed in Cancer Diagnosis, the applicant initially filed an EB-1A petition, followed by an NIW petition. The EB-1A received an RFE from Officer XM1601 and was approved, while the NIW petition also received an RFE from Officer XM2420 before approval was ultimately secured.

The applicant held a Ph.D. and demonstrated a substantial scholarly record consisting of 26 publications and 583 citations, with peer-reviewed work published as recently as 2023. The filing proceeded without any supporting letters.

The adjudication involved 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 in a non-STEM field and without recommendation or testimonial letters after a related EB-1A petition also received RFE review before approval. The applicant was also residing outside the United States and undergoing multiple service center transfers during adjudication.

#6: NIW in Electrical Engineering

This NIW approval involved a Staff Engineer in industry, born and residing in South Korea, who proposes to remain in the same employment. Filed in Electrical Engineering, the applicant secured approval through a refiled NIW petition after the first NIW petition received an RFE from Officer XM2480 and was denied.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 7 publications and 114 citations, with peer-reviewed work published as recently as 2025. The refiled petition was supported by 4 recommendation letters and proceeded without 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 first NIW petition received an RFE and was denied while the applicant was residing outside the United States.