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 directly responsive to the issues raised during review.

The following success stories highlight 8 I-140 approvals involving RFE review or related adverse petition history. These approvals include 2 EB-1A petitions and 6 NIW petitions. Several cases involved circumstances that added complexity to adjudication, including a prior EB-1A denial after RFE review, multiple service center transfers, limited or no supporting letters, and an extended adjudication without premium processing.

Cases With Inherent Challenges

Related Adverse Petition History

One EB-1A approval involved an applicant whose first EB-1A petition received an RFE and was subsequently denied. This prior adverse history added complexity to the case because the subsequent filing still needed to independently establish eligibility under the EB-1A standard through a clear, consistent, and sufficiently supported evidentiary record.

Multiple Service Center Transfers

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

Limited or No Supporting Letters

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

EB-1A Approvals After RFE (2)

#1: EB-1A in Data Science

This EB-1A approval involved a Junior Data Scientist in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Data Science, the applicant had previously filed an EB-1A petition that received an RFE from Officer XM1861 and was denied before the later petition was approved.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 12 publications and 779 citations, with peer-reviewed work published as recently as 2021. The filing was supported by 6 recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Service Center Operations Directorate (SCOPS) Texas Facility without premium processing and was approved in 1,042 days.

Notable: This approval is notable for securing EB-1A approval despite an earlier EB-1A petition that received an RFE and was denied.

#2: EB-1A in Computer Engineering

This EB-1A approval involved a Senior Software Engineer in industry, born in India and residing in the United States, who proposes to work as a Founding Research Engineer in industry. Filed in Computer 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 3 publications and 429 citations, with peer-reviewed work published as recently as 2023. 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 (6)

#3: NIW in Robotics Engineering

This NIW approval involved a Ph.D. student (Research Assistant), born in Iran and residing in the United States, who proposes to work as a Faculty Member. Filed in Robotics Engineering, the petition received an RFE from Officer XM1914 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 3 publications and 19 citations, with peer-reviewed work published as recently as 2024. 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 a premium processing upgrade.

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

#4: NIW in Electrical Engineering

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 Electrical Engineering, the petition received an RFE from Officer XM2416 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 8 publications and 48 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 upfront premium processing.

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

#5: NIW in Computer Security

This NIW approval involved an Assistant Professor of Electrical and Computer Engineering, born in Nepal and residing in the United States, who proposes to remain in the same employment. Filed in Computer Security, the petition received an RFE from Officer XM1620 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 9 publications and 60 citations, with peer-reviewed work published as recently as 2021. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

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

#6: NIW in Advanced Engineering Materials

This NIW approval involved a Ph.D. candidate (Graduate Student Researcher), born in South Korea and residing in the United States, who proposes to work as a Process Engineer in industry. Filed in Advanced Engineering Materials, 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 a scholarly record consisting of 6 publications and 127 citations, with peer-reviewed work published as recently as 2022. 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 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 Mechanical and Aerospace Engineering

This NIW approval involved a Ph.D. student (Graduate Student Researcher), born in Hong Kong and residing in the United States, who proposes to work as a Postdoctoral Scholar. Filed in Mechanical and Aerospace Engineering, the petition received an RFE from Officer XM2560 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 2024. 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 a premium processing upgrade.

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

#8: NIW in Biochemistry

This NIW approval involved a Postdoctoral Research Fellow, born in Malaysia and residing in the United States, who proposes to remain in the same employment. Filed in Biochemistry, the petition received an RFE from Officer XM2420 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 4 publications and 58 citations, with peer-reviewed work published as recently as 2024. The petition 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 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.