A Request for Evidence (RFE) represents one of the most demanding stages of adjudication in the employment-based immigration process. Once USCIS issues an RFE, the petition enters a heightened level of review in which the adjudicating officer may request additional documentation, clarification of the applicant’s qualifications, or a more persuasive explanation connecting the submitted evidence 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 or an earlier adverse petition outcome. These approvals include 2 EB-1A petitions, 2 EB-1B petitions, and 5 NIW petitions. Several approvals involved circumstances that added complexity to adjudication, including a refiled petition following an earlier adverse filing, multiple service center transfers, petitions without supporting letters, applicants without an advanced degree, and approvals in non-STEM fields.

Cases With Inherent Challenges

Prior Adverse Petition History

One EB-1A approval involved a refiled petition following an earlier filing that received an RFE and was withdrawn. The refiled petition therefore needed to establish eligibility through a carefully structured evidentiary record despite the applicant’s prior adverse petition history.

Multiple Service Center Transfers

Three petitions underwent multiple service center transfers before final adjudication. Such procedural movement can add complexity because the petition must remain logically organized and persuasive throughout review by different service center operations.

Limited or No Supporting Letters

Three NIW petitions proceeded without recommendation or testimonial letters, while another was supported by only two recommendation letters. In these cases, the adjudication depended more heavily on objective evidence, including the applicants’ publication records, citation impact, academic credentials, professional positions, and documentation demonstrating the continued significance of their work. 

EB-1A Approvals After RFE (2)

#1: EB-1A in Polymers for Biomedical Applications

This EB-1A approval involved a Senior Scientist in industry, born in Iran and residing in the United States, who proposes to remain in the same employment. Filed in Polymers for Biomedical Applications, the petition received an RFE from Officer XM1317 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 50 publications and 3,216 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.

#2: EB-1A in Applied Machine Learning

This EB-1A approval involved a Senior Staff Software Engineer in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Applied Machine Learning, the applicant secured approval through a refiled petition after the first EB-1A petition received an RFE from Officer XM1291 and was withdrawn.

The applicant qualified through the exceptional ability pathway without an advanced degree and demonstrated 17,335 citations. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

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

Notable: This approval is notable for securing EB-1A approval through the exceptional ability pathway via a refiled petition after the first filing received an RFE and was withdrawn.

EB-1B Approvals After RFE (2)

#3: EB-1B in Radiology

This EB-1B approval involved a Clinical Assistant Professor, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Radiology, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held an MBBS/MD degree and demonstrated an extensive scholarly record consisting of 83 publications and 2,396 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 6 recommendation letters and 2 testimonial letters.

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

#4: EB-1B in Data Engineering

This EB-1B approval involved a Chief Data Officer in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Data Engineering, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and established a substantial scholarly record consisting of 16 publications and 1,879 citations, including 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 Texas Service Center to the Nebraska Service Center and then back to the Texas Service Center with upfront premium processing.

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

NIW Approvals After RFE (5)

#5: NIW in Electrical Engineering

This NIW approval involved a Research Fellow, born in South Korea and residing in the United States, who proposes to work as a Senior Cell Electrochemical Modeling Engineer in industry. Filed in Electrical Engineering, the petition received an RFE from Officer XM2175 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 11 publications and 46 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 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.

#6: NIW in Viral Immunology

This NIW approval involved a Postdoctoral Research Associate, born in Serbia and residing in the United States, who proposes to work as a Postdoctoral Scientist. Filed in Viral Immunology, 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 6 publications and 258 citations, with peer-reviewed work published as recently as 2024. The petition proceeded without any supporting letters.

The filing 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 Materials Physics

This NIW approval involved a Ph.D. student, born in Nepal and residing in the United States, who proposes to work as a Postdoctoral Fellow. Filed in Materials Physics, the petition received an RFE from Officer XM2366 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a developing scholarly record consisting of 4 publications and 15 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 a premium processing upgrade.

#8: NIW in Environmental Science and Engineering

This NIW approval involved a Research Scientist, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Environmental Science and Engineering, the petition received an RFE from Officer XM2043 before approval was ultimately secured.

The applicant held a STEM Ph.D. and established a substantial scholarly record consisting of 14 publications and 341 citations, with peer-reviewed work published as recently as 2025. The filing 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.

#9: NIW in Plastic and Reconstructive Surgery

This NIW approval involved a Resident Physician in Plastic and Reconstructive Surgery, born in Iran and residing in the United States, who proposes to remain in the same employment. Filed in Plastic and Reconstructive Surgery, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held an M.D. degree and demonstrated a scholarly record consisting of 11 publications and 284 citations, with peer-reviewed work published as recently as 2023. The filing proceeded without any supporting letters.

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

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