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 eight I-140 approvals achieved after RFE review. These approvals include five EB-1A petitions and three NIW petitions. Several cases involved multiple service center transfers, limited or no supporting letters, non-premium processing timelines exceeding two years, and records that required careful explanation because of limited citations, no advanced degree, or non-STEM positioning. Together, they demonstrate that favorable outcomes remain achievable when the evidentiary record remains coherent, responsive, and aligned with the applicable legal standard.

Cases With Inherent Challenges

Multiple Service Center Transfers

Several approvals involved petitions transferred between the Nebraska Service Center and the Texas Service Center before final adjudication. Such procedural movement can add complexity because the petition must remain persuasive and internally consistent across different adjudicative environments.

Limited or No Supporting Letters

Several approvals proceeded with limited testimonial support, and two NIW petitions were filed without recommendation letters or testimonial letters. In these circumstances, the petition must rely more heavily on objective indicators such as publication record, citation history, peer-reviewed scholarship, professional role, and the applicant’s documented expertise.

EB-1A Approvals After RFE (5)

#1: EB-1A in Electrical Engineering

This EB-1A approval involved a Yield Development Engineer in industry, born in India and residing in the United States, who proposes to continue in the same role. Filed in Electrical Engineering, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a strong scholarly profile consisting of 31 publications and 1,655 citations, with peer-reviewed work published as recently as 2024. 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.

#2: EB-1A in Electrical Engineering

This EB-1A approval involved an Associate Professor, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Electrical Engineering, the petition received an RFE from Officer XM1267 before approval was ultimately achieved.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 45 publications and 599 citations, with peer-reviewed work published as recently as 2024. 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.

#3: EB-1A in Artificial Intelligence

This EB-1A approval involved a Ph.D. student, born in China and residing in the United States, who proposes to work as a Postdoctoral Research Scientist. Filed in Artificial Intelligence, the petition received an RFE from Officer XM2254 before approval was ultimately secured.

The applicant held a STEM master’s degree and presented a strong scholarly profile consisting of 19 publications and 604 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 EB-1A approval after RFE review while undergoing multiple service center transfers.

#4: EB-1A in Privacy-Preserving Advertisement Measurement

This EB-1A approval involved a Director, Software Engineering in industry, born in India and residing in the United States, who proposes to continue in the same role. Filed in Privacy-Preserving Advertisement Measurement, the petition received an RFE from Officer XM1728 before approval was ultimately secured.

The applicant did not hold an advanced degree and claimed eligibility through a bachelor’s degree plus five years of experience. The record included 1 publication and no citations, with peer-reviewed work published as recently as 2024, and the filing was supported by 6 recommendation letters 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 without an advanced degree while undergoing multiple service center transfers. 

#5: EB-1A in Transportation Engineering

This EB-1A approval involved a Postdoctoral Associate, born in China and residing in the United States, who proposes to continue in the same employment. Filed in Transportation Engineering, the petition received an RFE from Officer XM1267 before approval was ultimately achieved.

The applicant held a STEM Ph.D. and demonstrated a scholarly profile consisting of 31 publications and 361 citations, with peer-reviewed work published as recently as 2026. 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.

NIW Approvals After RFE (3)

#6: NIW in Dentistry

This NIW approval involved a master’s student, born in Saudi Arabia and residing in the United States, who proposes to work as a Research Scientist. Filed in Dentistry, the petition received an RFE from Officer XM1761 before approval was ultimately secured.

The applicant held a D.D.S. degree and presented a scholarly record consisting of 7 publications and 25 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without any supporting letters.

The petition was adjudicated through the Nebraska Service Center without premium processing and was approved in 871 days.

Notable: This approval is notable for securing NIW approval after RFE review in a non-STEM field and without recommendation or testimonial letters.

#7: NIW in Microbiology

This NIW approval involved a Ph.D. student, born in Bangladesh and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Microbiology, the petition received an RFE from Officer XM1761 before approval was ultimately achieved.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 6 publications and 91 citations, with peer-reviewed work published as recently as 2023. The filing proceeded without any supporting letters.

The case was transferred from the Nebraska Service Center to the Texas Service Center without premium processing and was approved in 871 days.

Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters while undergoing a service center transfer.

#8: NIW in Dermatology

This NIW approval involved a Research Affiliate (Postdoctoral), born in the United Arab Emirates and residing in the United States, who proposes to work as a Dermatology Resident Physician. Filed in Dermatology, the petition received an RFE from Officer XM2533 before approval was ultimately secured.

The applicant held an M.D. degree and presented a scholarly profile consisting of 15 publications and 42 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 1 recommendation letter and 1 testimonial letter.

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