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 the adjudicating officer may request further evidence or clarification 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, including 1 EB-1A petition and 6 NIW petitions. Several cases presented circumstances that added complexity to adjudication, including multiple service center transfers, a non-STEM case, varying levels of recommendation and testimonial letter support at initial filing, and additional letters submitted with the RFE responses.

Cases With Inherent Challenges

Multiple Service Center Transfers

All petitions underwent multiple 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.

Non-STEM Field

One NIW approval involved an applicant in a non-STEM field.. Non-STEM NIW cases can present distinct evidentiary considerations because eligibility must be established through evidence relevant to the applicant’s particular professional and proposed endeavor rather than relying on a STEM academic classification.

EB-1A Approval After RFE (1)

#1: EB-1A in Molecular Biology

This EB-1A approval involved an Assistant Professor-Research Track, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Molecular Biology, 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 substantial scholarly record consisting of 11 publications and 599 citations, with peer-reviewed work published as recently as 2022. The initial filing included 4 recommendation letters and no testimonial letters, while the RFE response included 3 additional recommendation letters and 1 testimonial letter.

The petition 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 EB-1A approval after RFE review while undergoing multiple service center transfers.

NIW Approvals After RFE (6)

#2: NIW in Chemistry

This NIW approval involved a Ph.D. candidate (Graduate Teaching and Research Assistant), born in Nepal and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Chemistry, the petition received an RFE from the Nebraska Service Center before approval was secured.

The applicant held a STEM master’s degree and presented a scholarly record consisting of 6 publications and 23 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while 5 additional recommendation letters and 1 testimonial letter were submitted as part of the RFE response.

The petition 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 while undergoing multiple service center transfers.

#3: NIW in Artificial Intelligence

This NIW approval involved an Autonomy Engineer II in industry, born in South Korea and residing in the United States, who proposes to remain in the same employment. Filed in Artificial Intelligence, the petition received an RFE from Officer XM1620 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 3 publications and 13 citations, with peer-reviewed work published as recently as 2022. The initial petition included 2 recommendation letters and 2 testimonial letters, while 2 additional testimonial 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 Medicine

This NIW approval involved a Resident, born in South Korea and residing in the United States, who proposes to work as a Fellow. Filed in Medicine, the petition received an RFE from Officer XM2055 before approval was ultimately secured.

The applicant held an M.D. degree and demonstrated a scholarly record consisting of 4 publications and 80 citations, with peer-reviewed work published as recently as 2021. The initial filing included 2 recommendation letters and no testimonial letters, while the RFE response included 2 additional recommendation letters and 1 testimonial letter.

The petition 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 while undergoing multiple service center transfers.

#5: NIW in Applied Machine Learning

This NIW approval involved an Assistant Professor, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Applied Machine Learning, the petition received an RFE from Officer XM2367 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 3 publications and 45 citations, with peer-reviewed work published as recently as 2025. The initial petition proceeded without recommendation letters but included 4 testimonial letters, while 2 recommendation letters were submitted as part of the RFE response.

The petition 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 while undergoing multiple service center transfers.

#6: NIW in Internal Medicine

This NIW approval involved a Research Scholar, born in Turkey and residing in the United States, who proposes to remain in the same employment. Filed in Internal Medicine, the petition received an RFE from Officer XM1771 before approval was ultimately secured.

The applicant held an M.D. degree and demonstrated an extensive scholarly record consisting of 32 publications and 535 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while 3 additional recommendation letters were submitted as part of the RFE response.

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.

#7: NIW in Clinical Medicine

This NIW approval involved a Visiting Research Fellow - Patient Contact, born in Syria and residing in the United States, who proposes to work as a Postdoc Research Fellow. Filed in Clinical Medicine, the petition received an RFE from the Texas Service Center before approval was secured.

The applicant held an M.D. degree and presented a scholarly record consisting of 4 publications and 36 citations, with peer-reviewed work published as recently as 2023. The initial filing included 2 recommendation letters and 1 testimonial letter, 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 a premium processing upgrade.

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