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 seven I-140 approvals secured after RFE review. These approvals include two EB-1A petitions and five NIW petitions. One case involved both EB-1A and NIW petition histories, while several petitions also underwent multiple service center transfers or were approved without recommendation letters or testimonial letters. 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

Complex Petition History

One NIW approval involved a related EB-1A petition that received an RFE and was denied. This procedural history added complexity because the NIW filing needed to present a clear and independently persuasive basis for approval despite the adverse outcome associated with the EB-1A petition.

Multiple Service Center Transfers

Several petitions underwent multiple transfers between the Nebraska Service Center and the Texas Service Center. Such procedural movement can introduce additional complexity because the evidentiary record must remain persuasive, organized, and internally consistent throughout review by different adjudicators.

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 (2)

#1: EB-1A in Artificial Intelligence

This EB-1A approval involved a Senior Computer System Architect in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Artificial Intelligence, 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 an extensive scholarly record consisting of 75 publications and 1,972 citations, with peer-reviewed work published as recently as 2026. 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.

#2: EB-1A in Pharmaceutical Science

This EB-1A approval involved an ORISE Fellow, born in China and residing in the United States, who proposes to work as a Postdoctoral Research Scientist. Filed in Pharmaceutical Science, the petition received an RFE from Officer XM1728 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 11 publications and 180 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 7 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 (5)

#3: NIW in Chemical Engineering

This NIW approval involved an Assistant Professor, born in Bangladesh and residing in the United States, who proposes to continue in the same employment. Filed in Chemical Engineering, the applicant initially filed an NIW petition, followed by an EB1A petition. The NIW has been approved, while the EB1A has received an RFE from Officer XM2263 and was subsequently denied.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 13 publications and 568 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 2 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 NIW approval after a related EB-1A petition received an RFE and was denied.

#4: NIW in Materials Science

This NIW approval involved a Postdoctoral Research Associate, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Materials Science, the petition received an RFE from Officer EX0054 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 8 publications and 35 citations, with peer-reviewed work published as recently as 2024. 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.

#5: NIW in Biomedical Sciences

This NIW approval involved a Ph.D. student, born in Turkey and residing in the United States, who proposes to work as a Principal Investigator and Physician. Filed in Biomedical Sciences, the petition received an RFE from Officer XM2164 before approval was ultimately secured.

The applicant qualified through the exceptional ability pathway rather than an advanced degree and demonstrated a scholarly record consisting of 9 publications and 106 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 2 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 a premium processing upgrade.

Notable: This approval is notable for securing NIW approval through the exceptional ability pathway while undergoing multiple service center transfers.

#6: NIW in Human-Computer Interaction

This NIW approval involved a Senior Engineer in industry, born in South Korea 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 XM2055 before approval was ultimately secured.

The applicant held a STEM master's degree and presented a scholarly profile consisting of 6 publications and 113 citations, with peer-reviewed work published as recently as 2025. 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 upfront premium processing.

Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters while undergoing multiple service center transfers.

#7: NIW in Chemical Engineering

This NIW approval involved a Ph.D. Student, born in Bangladesh and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Chemical Engineering, the petition received an RFE from Officer EX0303 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 7 publications and 16 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without any supporting letters.

The adjudication involved transfers from the Texas Service Center to the Nebraska Service Center and then back to 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 while undergoing multiple service center transfers.