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 7 I-140 approvals after RFE review, consisting of 1 EB-1A approval and 6 NIW approvals. Several cases presented circumstances that added complexity to adjudication, including applicants without advanced degrees, multiple service center transfers, a non-STEM case, petitions that initially proceeded with limited or no supporting letters, and two petitions adjudicated without premium processing for 943 and 846 days.

Cases With Inherent Challenges

Applicants Without Advanced Degrees

Two NIW applicants did not hold advanced degrees at the time of filing and instead claimed eligibility through exceptional ability. Both petitions received RFEs before ultimately securing approval. These cases required the applicants’ qualifications and supporting evidence to establish eligibility under the applicable NIW standard without relying on an advanced degree.

Multiple Service Center Transfers

Three petitions underwent transfers between the Nebraska Service Center and the Texas 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 Data Science

This EB-1A approval involved a Postdoctoral Research Fellow, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Data Science, the petition received an RFE from Officer XM1475 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 12 publications and 280 citations, with peer-reviewed work published as recently as 2023. The initial filing included 4 recommendation letters and no testimonial letters, while the RFE response included 2 additional recommendation letters and 1 testimonial letter.

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

NIW Approvals After RFE (6)

#2: NIW in Electrical Engineering

This NIW approval involved a Postdoctoral Scholar, born in South Korea and residing in the United States, who proposes to remain in the same employment. Filed in Electrical Engineering, 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 9 publications and 15 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting letters, while 2 recommendation letters were submitted with the RFE response.

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

#3: NIW in Data Science

This NIW approval involved an Applied Scientist, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Data Science, 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 scholarly record consisting of 5 publications and 56 citations, with peer-reviewed work published as recently as 2023. The initial filing proceeded without any supporting letters, while 1 recommendation letter and 2 testimonial letters were submitted as part of the RFE response.

The petition was adjudicated through the Nebraska Service Center without premium processing and was approved after 943 days.

#4: NIW in Computer Science and Engineering

This NIW approval involved a Graduate Research/Teaching Assistant, born in Bangladesh and residing in the United States, who proposes to work as a Machine Learning Research Scientist in industry. Filed in Computer Science and Engineering, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant did not hold an advanced degree and qualified through the exceptional ability pathway. At filing, the applicant demonstrated a scholarly record consisting of 10 publications and 106 citations, with peer-reviewed work published as recently as 2023. The initial filing included 2 recommendation letters and no testimonial letters, while 4 additional recommendation letters and 1 testimonial letter 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 a premium processing upgrade.

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

#5: NIW in Bioengineering

This NIW approval involved a Research Assistant, born in Taiwan and residing in the United States, who proposes to work as an Assistant Professor. Filed in Bioengineering, the petition received an RFE from Officer XM2420 before approval was ultimately secured.

The applicant did not hold an advanced degree and qualified through the exceptional ability pathway. At filing, the applicant demonstrated a scholarly record consisting of 5 publications and 28 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 4 recommendation letters and 1 testimonial letter were submitted as part of 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 through the exceptional ability pathway while undergoing multiple service center transfers.

#6: NIW in Computing and Networking Systems

This NIW approval involved a Ph.D. student (Graduate Research Assistant), born in Bangladesh and residing in the United States, who proposes to work as a Researcher. Filed in Computing and Networking Systems, the petition received an RFE from Officer XM2594 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 8 publications and 30 citations, with peer-reviewed work published as recently as 2026. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 3 recommendation letters and 3 testimonial letters were submitted as part of 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 a premium processing upgrade.

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

#7: NIW in Economics

This NIW approval involved a Senior Economist, born in Colombia and residing in the United States, who proposes to remain in the same employment. Filed in Economics, the petition received an RFE from Officer XM1410 before approval was ultimately secured.

The applicant held a Ph.D. and demonstrated a substantial scholarly record consisting of 15 publications and 113 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while 4 additional recommendation letters and 3 testimonial letters were submitted with the RFE response.

The petition was adjudicated through the Texas Service Center without premium processing and was approved in 846 days.

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