A Request for Evidence, or RFE, is not a final adjudication outcome. In the I-140 context, it typically reflects the adjudicating officer’s need for a clearer explanation of eligibility, a stronger evidentiary connection between the applicant’s record and the governing legal standard, or a more persuasive account of the applicant’s proposed work and future role. Even when approval is ultimately secured, an RFE marks a more demanding stage of review in which the petition must remain coherent and persuasive under closer scrutiny.

The following success stories highlight nine approvals secured after RFE review, consisting of one EB-1A approval and eight NIW approvals. These matters reflect several forms of adjudicative complexity, including refiled history after prior denials, multi-center transfers, wide variation in publication and citation records, and approvals for applicants pursuing future roles in both academia and industry.

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Cases With Inherent Challenges

Prior Adverse Filing History

One of the approved NIW matters followed a particularly demanding procedural path because the applicant had already gone through two earlier EB-1A filings, and both prior filings received RFEs before ending in denial. A later approval in a different category under those circumstances is notable because the petition must stand on its own while also overcoming the broader difficulty created by an unsuccessful filing history.

Cross-Service-Center Adjudication

Several petitions did not remain at a single service center from start to finish. Some moved from the Nebraska Service Center to the Texas Service Center, while others followed an even more complex route from Nebraska to Texas and then back to Nebraska before approval. That type of adjudicative movement adds difficulty because the filing must remain internally consistent and persuasive across different reviewing environments.

Variation in Scholarly Records and Academic Backgrounds

These approvals show that success after RFE review did not depend on a single scholarly benchmark. The applicants presented publication records ranging from 3 to 42 publications and citation counts ranging from 19 to 1,295, with the latest peer-reviewed work spanning from 2022 to 2025. Their academic credentials also varied, including master’s degrees, Ph.D. degrees, and one M.D., demonstrating that post-RFE approval can be secured across different educational and professional profiles.

Differences in Evidentiary Support

The cases also reflect a wide range of evidentiary strategies. Some petitions were supported by multiple recommendation letters, while others proceeded without any recommendation or testimonial letters at all. This variation underscores that petitions can still succeed after RFE review through different forms of evidentiary presentation, provided the overall record remains persuasive.

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EB-1A Approvals After RFE (1)

#1: EB-1A in Biotechnologies

This EB-1A approval involved a Postdoctoral Associate born in China and residing in the United States, who proposes to remain in the same role. Filed in Biotechnologies, the petition received an RFE from Officer XM1884 before ultimately securing approval.

The applicant held a STEM Ph.D. and presented a developed scholarly profile that included 17 publications and 273 citations, with the latest peer-reviewed publication dating to 2024. The filing was supported by six recommendation letters and no testimonial letters.

The case proceeded through the Texas Service Center with a premium processing upgrade.

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NIW Approvals After RFE (8)

#2: NIW in Chemistry

A Scientist II from India and residing in the United States, this applicant proposes to remain in the same role. Filed in Chemistry, the matter followed a more difficult path because the applicant had previously filed two EB-1A petitions, both of which received RFEs, one from Officer EX0592 and another from Officer XM2106, and both were ultimately denied before this NIW approval was secured.

The applicant held a STEM Ph.D. and presented a highly developed scholarly record consisting of 42 publications and 1,295 citations, with the latest peer-reviewed publication dating to 2024. The filing was supported by four recommendation letters and no testimonial letters.

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

Notable: This approval is notable for securing NIW approval after a prior history of two denied EB-1A filings that had each received RFE review.

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#3: NIW in Electrical and Computer Engineering

Born in China and residing in the United States, this Ph.D. student proposes to work as a Research Scientist. Filed in Electrical and Computer Engineering, the petition received an RFE from Officer XM2581 before approval was eventually secured.

The applicant held a STEM master’s degree and presented a modest scholarly record of 4 publications and 33 citations, with the latest peer-reviewed publication dating to 2023. The matter proceeded without any supporting letters.

The case followed a procedural route from the Nebraska Service Center to the Texas Service Center. It also proceeded without premium processing and took 807 days to reach approval.

Notable: This approval is notable for securing NIW approval after RFE review with a lengthy adjudication process exceeding 800 days and without recommendation or testimonial letters.

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#4: NIW in Material Science

This NIW approval involved a Ph.D. candidate born in Bangladesh and residing in the United States, who plans to transition into a Distinguished Postdoctoral Researcher role. Filed in Material Science, the petition received an RFE from Officer XM2031 before approval was secured.

The applicant held a STEM master’s degree and presented 6 publications and 25 citations, with the latest peer-reviewed publication dating to 2023. The filing proceeded without any supporting letters.

The case followed a multi-step adjudicative path 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 combining post-RFE NIW success with repeated service center transfers and no recommendation or testimonial letters.

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#5: NIW in Geography

This case involved a Ph.D. candidate born in Bangladesh and residing in the United States, who proposes to work as a Research Scientist. Filed in Geography, the petition received an RFE from Officer XM2594 before ultimately reaching approval.

The applicant held a STEM master’s degree and presented a scholarly record consisting of 6 publications and 100 citations, although the latest peer-reviewed publication dated to 2022. The petition was supported by two recommendation letters and no testimonial letters.

The case moved from the Nebraska Service Center to the Texas Service Center with a premium processing upgrade.

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#6: NIW in Computer Engineering

A Ph.D. student born in Bangladesh and residing in the United States, this applicant proposes to transition into an Assistant Professor role. Filed in Computer Engineering, the petition received an RFE from Officer XM1889 before approval was achieved.

The applicant held a STEM master’s degree and presented a relatively modest scholarly profile with 3 publications and 19 citations, with the latest peer-reviewed publication dating to 2023. The filing was supported by four recommendation letters and no testimonial letters.

The petition followed a complex adjudicative route, bouncing 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 with a multi-service-center adjudicative path.

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#7: NIW in Computational Condensed Matter Physics

Born in Nepal and residing in the United States, this Postdoctoral Research Associate proposes to remain in the same role. Filed in Computational Condensed Matter Physics, the petition received an RFE from Officer EX0987 before approval was secured.

The applicant held a STEM Ph.D. and presented 4 publications and 31 citations, with the latest peer-reviewed publication dating to 2023. The filing was supported by four recommendation letters and no testimonial letters.

The case remained at the Nebraska Service Center and proceeded through a premium processing upgrade.

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#8: NIW in Health Systems

Born in China and residing in the United States, this applicant is a Ph.D. student who proposes to work as an Assistant Professor. Filed in Health Systems, the petition received an RFE from Officer XM1914 before ultimately being approved.

The applicant held a STEM master’s degree and presented 3 publications and 49 citations, with the latest peer-reviewed publication dating to 2024. The filing included two recommendation letters and no testimonial letters.

The case proceeded through the Texas Service Center with a premium processing upgrade.

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#9: NIW in Internal Medicine

This NIW approval involved a Cardiovascular Disease Fellow born in Pakistan and residing in the United States, who proposes to remain in the same role. Filed in Internal Medicine, the petition received an RFE from Officer XM2481 before securing approval.

The applicant held an M.D. and presented a strong scholarly profile consisting of 23 publications and 185 citations, with the latest peer-reviewed publication dating to 2025. The filing was supported by four recommendation letters and three testimonial letters.

The case followed a multi-step adjudicative path, moving 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 combining post-RFE NIW success in a non-STEM field with a multi-service-center adjudication process.