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 EB-1A approval followed an earlier EB-1A petition that received an RFE and was denied, while several petitions underwent multiple service center transfers or proceeded with limited or without supporting 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

One EB-1A approval followed an earlier EB-1A petition that received an RFE and was denied. The subsequent EB-1A petition also received an RFE before approval was ultimately secured. This procedural history required the later filing to independently establish eligibility while responding to a new round of adjudicative scrutiny despite the earlier adverse outcome.

Multiple Service Center Transfers

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

Limited or No Supporting Letters

Several approvals proceeded without any supporting letters, while others relied on only a small number of recommendation letters or testimonial letters. In these cases, adjudication necessarily depended 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 Cell Biology

This EB-1A approval involved a Research Teaching Specialist I, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Cell Biology, the applicant had previously filed an EB-1A petition that received an RFE from Officer XM2108 and was denied. The subsequent EB-1A petition also received an RFE from Officer XM1884 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 3 publications and 313 citations, with peer-reviewed work published as recently as 2022. The filing proceeded without recommendation letters and was supported by 5 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 after an earlier EB-1A petition received an RFE and was denied, with the subsequent petition also overcoming RFE review.

#2: EB-1A in Advanced Materials Engineering

This EB-1A approval involved a Research Engineer, born in Iran and residing in the United States, who proposes to work as a Professor of Practice - Engineering. Filed in Advanced Materials Engineering, the petition received an RFE from Officer XM0205 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 19 publications and 2,632 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 EB-1A approval after RFE review without recommendation or testimonial letters while undergoing multiple service center transfers.

NIW Approvals After RFE (5)

#3: NIW in Medical Oncology

This NIW approval involved an Associate Professor, born in Brazil and residing in the United States, who proposes to continue in the same employment. Filed in Medical Oncology, the petition received an RFE from Officer XM1914 before approval was ultimately secured.

The applicant held an M.D. degree and demonstrated an extensive scholarly record consisting of 34 publications and 1,131 citations, with peer-reviewed work published as recently as 2023. 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 in a non-STEM field and without recommendation or testimonial letters.

#4: NIW in Biomedical Engineering

This NIW approval involved a Biomedical Engineer, born in China and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Biomedical Engineering, the petition received an RFE from Officer XM2429 before approval was ultimately secured.

The applicant held a STEM bachelor's degree and qualified through the exceptional ability pathway rather than an advanced degree. The applicant presented a scholarly profile consisting of 3 publications and 82 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without recommendation letters and was supported by 2 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.

#5: NIW in Civil Engineering

This NIW approval involved a Bridge Design Engineer in industry, born in Tanzania and residing in the United States, who proposes to remain in the same employment. Filed in Civil Engineering, the petition received an RFE from Officer XM2496 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 3 publications and 20 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The petition was transferred from the Nebraska Service Center to the Texas Service Center without premium processing and was approved after 899 days.

#6: NIW in Neurological Medicine

This NIW approval involved a Clinical Research Coordinator, born in Nigeria and residing in the United States, who proposes to remain in the same employment. Filed in Neurological Medicine, the petition received an RFE from Officer XM1951 before approval was ultimately secured.

The applicant held a master’s degree and demonstrated a scholarly record consisting of 5 publications and 21 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 2 recommendation letters and 2 testimonial letters.

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

Notable: This approval is notable for securing NIW approval after RFE review in a non-STEM field.

#7: NIW in Advanced Manufacturing

This NIW approval involved an Engineering & Manufacturing Value Chain Consulting Manager in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Advanced Manufacturing, the petition received an RFE from Officer XM1914 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 6 publications and 132 citations, with peer-reviewed work published as recently as 2023. The filing proceeded without recommendation letters and was supported by 2 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 after RFE review while undergoing multiple service center transfers.