A Request for Evidence (RFE) represents one of the more demanding stages of adjudication in the employment-based immigration process. Once USCIS issues an RFE, a petition undergoes additional scrutiny, and the adjudicating officer may request further documentation 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 responsive to the issues identified during review.

The following success stories highlight 8 I-140 approvals involving RFE review or related adverse petition history. These approvals include 4 EB-1A petitions and 4 NIW petitions. Several cases involved circumstances that added complexity to adjudication, multiple service center transfers, a petition without recommendation or testimonial letters, an exceptional ability filing without an advanced degree, and an applicant residing outside the United States.

Cases With Inherent Challenges

Related Adverse Petition History

One EB-1A approval involved an applicant whose related NIW petition had received an RFE. Such petition history can add complexity because each filing must independently satisfy its applicable legal standard while maintaining a clear and consistent evidentiary record across related immigration matters.

Multiple Service Center Transfers

Two approvals involved petitions that moved between the Texas Service Center and the Nebraska Service Center before final adjudication. Such procedural movement can add complexity because the evidentiary record must remain logically structured and internally consistent throughout review across different service center operations.

Limited or No Supporting Letters

One petition proceeded without recommendation or testimonial letters, while others relied on a limited number of supporting letters. In such cases, the overall record must present the applicant’s qualifications through the available documentary evidence rather than relying on a broader range of supporting letters.

EB-1A Approvals After RFE (4)

#1: EB-1A in Neuroscience

This EB-1A approval involved a Postdoctoral Research Fellow, born in Iran and residing in the United States, who proposes to remain in the same employment. Filed in Neuroscience, the applicant initially filed an NIW petition, followed by an EB-1A petition. The EB-1A has been approved, while the NIW has received an RFE from the Nebraska Service Center.

The applicant held an M.D. and demonstrated an extensive scholarly record consisting of 31 publications and 9,714 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

The EB-1A petition was adjudicated through the Nebraska Service Center with upfront premium processing.

Notable: This approval is notable for securing EB-1A approval in a non-STEM field despite a related NIW petition receiving an RFE.

#2: EB-1A in Computational Science

This EB-1A approval involved a Doctoral Researcher, born in China and residing in the United States, who proposes to work as a Quantum Innovation Postdoctoral Fellow - Quantum Applications in industry. Filed in Computational Science, the petition received an RFE from Officer XM1209 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 7 publications and 319 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 3 recommendation letters and proceeded without testimonial letters.

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

#3: EB-1A in Gastroenterology

This EB-1A approval involved a Staff Physician in the Gastroenterology and Hepatology Service Line, born in Ecuador and residing in the United States, who proposes to remain in the same employment. Filed in Gastroenterology, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held an M.D. and demonstrated a substantial scholarly record consisting of 43 publications and 654 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

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

#4: EB-1A in Computer Science

This EB-1A approval involved a Data Science Postdoctoral Scholar, born in Iran and residing in the United States, who proposes to remain in the same employment. Filed in Computer Science, the petition received an RFE from Officer XM2259 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 9 publications and 437 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 4 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 upfront premium processing.

Notable: This approval is notable for securing EB-1A approval after RFE review while undergoing multiple service center transfers.

NIW Approvals After RFE (4)

#5: NIW in Computer Science

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 Research Scientist. Filed in Computer Science, the petition received an RFE from Officer EX0852 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 23 publications and 266 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 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 through the exceptional ability pathway while undergoing multiple service center transfers.

#6: NIW in Chemical Biology

This NIW approval involved a Postdoctoral Research Fellow, born in Taiwan and residing in the United States, who proposes to remain in the same employment. Filed in Chemical Biology, the petition received an RFE from Officer XM2064 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 9 publications and 22 citations, with peer-reviewed work published as recently as 2025. The petition 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.

#7: NIW in Clinical Medicine

This NIW approval involved a Researcher who was born and residing in Iran. Filed in Clinical Medicine, the petition received an RFE from Officer XM1980 before approval was ultimately secured.

The applicant held an M.D. and demonstrated a substantial scholarly record consisting of 59 publications and 422 citations, with peer-reviewed work published as recently as 2023. The filing proceeded without recommendation letters and was supported by 4 testimonial letters.

The petition was adjudicated through the Texas Service Center without premium processing and was approved in 768 days.

Notable: This approval is notable for securing NIW approval after RFE review while the applicant was residing outside the United States.

#8: NIW in Engineering

This NIW approval involved a Ph.D. student, born in Turkey and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Engineering, the petition received an RFE from Officer XM1989 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 5 publications and 88 citations, with peer-reviewed work published as recently as 2023. 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.