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 requests additional clarification, stronger documentary support, or a more persuasive explanation connecting the applicant’s qualifications to 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 adjudication.

The following success stories highlight 9 I-140 approvals secured after RFE review. These approvals include 2 EB-1A petitions and 7 NIW petitions. One applicant obtained approval after appealing an RFE-related denial, another secured approval through a refiled petition after withdrawing an earlier filing, and several petitions underwent multiple transfers between service centers. One petition also proceeded without recommendation or testimonial letters. Together, these cases illustrate that favorable outcomes remain achievable when the record clearly presents the applicant’s qualifications and addresses the issues identified during review.

Cases With Inherent Challenges

Prior Adverse Petition History

Two approvals involved prior petition histories that added complexity to adjudication. One applicant secured approval through a successful appeal after an RFE-related denial, while another obtained approval through a refiled petition after withdrawing an earlier filing that had also received an RFE. In both cases, the approved petitions were required to establish eligibility through well-supported evidentiary records despite the applicants' earlier adverse petition histories.

Multiple Service Center Transfers

Six petitions were transferred from the Nebraska Service Center to the Texas Service Center and then returned to the Nebraska Service Center before final adjudication. Such procedural movement can add complexity because the petition must remain well organized, internally consistent, and persuasive throughout review by different service center operations.

Limited or No Supporting Letters

One NIW petition proceeded without recommendation or testimonial letters, while several others relied on only a limited number of supporting letters. In these cases, the adjudication depended more heavily on objective documentation, including publication records, citation impact, professional experience, and evidence of the applicant’s continued contributions.

EB-1A Approvals After RFE (2)

#1: EB-1A in Computer Science

This EB-1A approval involved a Principal Researcher in industry, born in India 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 XM2415 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 35 publications and 13,482 citations, with peer-reviewed work published as recently as 2025. The petition 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.

#2: EB-1A in Condensed Matter Physics

This EB-1A approval involved a Postdoctoral Researcher, born in China and residing in the United States, who proposes to work as a Condensed Matter Physicist. Filed in Condensed Matter Physics, the petition received an RFE from Officer XM2272 before approval was ultimately secured.

The applicant held a STEM Ph.D. and established a substantial scholarly profile consisting of 44 publications and 2,074 citations. The record included peer-reviewed work published as recently as 2023 and was supported by 4 recommendation letters without testimonial letters.

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

NIW Approvals After RFE (7)

#3: NIW in Semiconductor

This NIW approval involved a Module Development Engineer, born in Nepal and residing in the United States, who proposes to work as a Process Development Engineer in industry. Filed in Semiconductor, the petition received an RFE from Officer XM1615 and was denied before approval was later secured through an appeal.

The applicant held a Ph.D. and demonstrated a scholarly record consisting of 4 publications and 204 citations, with peer-reviewed work published as recently as 2022. 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.

Notable: This approval is notable for overcoming an RFE-related denial through a successful appeal in a non-STEM field.

#4: NIW in Wireless Communications

This NIW approval involved a Ph.D. student, born in China and residing in the United States, who proposes to work as an Applied Scientist in industry. Filed in Wireless Communications, the petition received an RFE from Officer XM0460 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 14 publications and 32 citations, with peer-reviewed work published as recently as 2025. The petition was supported by 1 recommendation letter and 1 testimonial letter.

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.

#5: NIW in Theoretical Nuclear Astrophysics

This NIW approval involved a Postdoctoral Fellow, born in Ecuador and residing in the United States, who proposes to remain in the same employment. Filed in Theoretical Nuclear Astrophysics, 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 15 publications and 572 citations, with peer-reviewed work published as recently as 2025. 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.

#6: NIW in Electrical Engineering

This NIW approval involved a Ph.D. student, born in Jordan and residing in the United States, who proposes to work as a Postdoctoral Fellow. Filed in Electrical Engineering, the petition received an RFE from Officer XM2420 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 8 publications and 65 citations, including peer-reviewed work published as recently as 2025. The filing was supported by 2 recommendation letters and 2 testimonial letters.

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

#7: NIW in Civil Engineering

This NIW approval involved a Senior Engineer in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Civil Engineering, the petition received an RFE from Officer XM2265 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly profile consisting of 6 publications and 24 citations, with peer-reviewed work published as recently as 2024. The petition 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 Cybersecurity

This NIW approval involved an Application Programmer V - Authentication & Security Systems in industry, born in China and residing in the United States, who proposes to become a Researcher. Filed in Cybersecurity, the applicant’s first NIW petition received an RFE from Officer XM2623 and was withdrawn. The refiled petition subsequently received an RFE from Officer XM2479 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 8 publications and 198 citations, with peer-reviewed work published as recently as 2025. The refiled petition was supported by 2 recommendation letters and 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 through a refiled petition despite the applicant's earlier NIW petition being withdrawn after an RFE and the approved petition also receiving an RFE while undergoing multiple service center transfers.

#9: NIW in Bioinformatics and Computational Biology

This NIW approval involved a Bioinformatics Fellow, born in Vietnam and residing in the United States, who proposes to remain in the same employment. Filed in Bioinformatics and Computational Biology, the petition received an RFE from Officer XM2367 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a strong scholarly record consisting of 10 publications and 496 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 a premium processing upgrade.

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