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 6 I-140 approvals involving RFE review or a related adverse petition history. These approvals include 1 EB-1A case and 5 NIW cases. Several cases presented circumstances that added complexity to adjudication, including an applicant residing outside the United States, multiple service center transfers, petitions adjudicated without premium processing, and petitions that initially proceeded with limited or no supporting letters.

Cases With Inherent Challenges

Applicants Residing Outside the United States

One approval involved an applicant who was residing outside the United States in Saudi Arabia at the time of filing. This petition ultimately secured approval after RFE review, showing that residing outside the United States did not prevent the petition from being approved.

Multiple Service Center Transfers

One petition underwent transfers between the Nebraska Service Center and the Texas Service Center, and then back to the Nebraska 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 Artificial Intelligence (AI)-powered 3D Content Creation

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 AI-powered 3D Content Creation, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 11 publications and 1,686 citations, with peer-reviewed work published as recently as 2025. The initial filing included 3 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 Nebraska Service Center with upfront premium processing.

NIW Approvals After RFE (5)

#2: NIW in Environmental Science

This NIW approval involved a Ph.D. Student, born in China and residing in Saudi Arabia, who proposes to work as a Postdoctoral Researcher. Filed in Environmental Science, the applicant initially filed an NIW petition, followed by an EB-1A petition. The NIW has been approved, while the EB-1A has received an RFE from Officer XM1443 and is still pending.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 9 publications and 154 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without supporting letters.

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

Notable: This approval is notable for securing NIW approval without recommendation or testimonial letters while the applicant was residing outside the United States, despite the related EB-1A petition having received an RFE and remaining pending.

#3: NIW in Software Security

This NIW approval involved a Software Architect in industry, born in Romania and residing in the United States, who proposes to remain in the same employment. Filed in Software Security, the petition received an RFE from Officer XM1771 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 6 publications and 71 citations, with peer-reviewed work published as recently as 2023. The initial filing included 1 recommendation letter and 3 testimonial letters, while 2 additional 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 upfront premium processing.

Notable: This approval is notable for securing NIW approval after RFE review while undergoing multiple service center transfers.

#4: NIW in Organic Chemistry

This NIW approval involved a Senior Research Chemist II in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Organic Chemistry, the petition received an RFE from Officer XM2554 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 8 publications and 202 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while 2 additional recommendation letters were submitted as part of the RFE response.

The petition was adjudicated through the Texas Service Center without premium processing and was approved in 814 days.

#5: NIW in Electrical and Computer Engineering 

This NIW approval involved a Research Assistant in Machine Learning and Control Theory, born in Lebanon and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Electrical and Computer Engineering, the petition received an RFE from Officer XM2582 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 9 publications and 95 citations, with peer-reviewed work published as recently as 2024. The initial filing included 4 recommendation letters and no testimonial letters, while 4 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.

#6: NIW in Computational Biology 

This NIW approval involved a Postdoctoral Scholar, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Computational Biology, the petition received an RFE from Officer XM2417 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 18 publications and 141 citations, with peer-reviewed work published as recently as 2026. The initial filing proceeded without recommendation letters and without testimonial letters, while 6 recommendation letters were submitted as part of the RFE response.

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