A Request for Evidence (RFE) represents one of the more demanding stages of adjudication in the employment-based immigration process. When USCIS issues an RFE, a petition undergoes additional scrutiny, and further evidence or clarification may be requested 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 concerns raised during review.

The following success stories highlight 9 I-140 approvals after RFE review, consisting of 1 EB-1A approval and 8 NIW approvals. Several cases presented circumstances that added complexity to adjudication, including multiple service center transfers, petitions that initially proceeded without supporting letters, applicants residing outside the United States, and relatively modest scholarly records. 

Cases With Inherent Challenges

Multiple Service Center Transfers

Several petitions underwent multiple transfers between the Nebraska Service Center and the Texas Service Center during adjudication. Such procedural movement can add administrative complexity because the evidentiary record must remain clearly organized and internally consistent throughout review across different service center operations.

Applicant Residing Outside the United States

Two approvals involved applicants residing outside the United States, specifically in China and Vietnam. These cases demonstrate that residing outside the United States did not prevent the petitions from being approved, provided that the applicable eligibility requirements were established through the evidentiary record.

EB-1A Approval After RFE (1)

#1: EB-1A in Organic Chemistry

This EB-1A approval involved an Organic Chemist, born and residing in China, who proposes to remain in the same employment. Filed in Organic Chemistry, the petition received an RFE from Officer XM2254 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 34 publications and 1,316 citations, with peer-reviewed work published as recently as 2024. The initial filing included 4 recommendation letters and no testimonial letters, while 1 additional recommendation letter and 1 testimonial letter were submitted as part of the RFE response.

The petition underwent 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 the applicant was residing outside the United States and undergoing multiple service center transfers.

NIW Approvals After RFE (8)

#2: NIW in Materials Science and Engineering

This NIW approval involved a Graduate Research Assistant, born in Bangladesh and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Materials Science and Engineering, 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 13 publications and 119 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting letters, while 4 recommendation letters were submitted with the RFE response.

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

#3: NIW in Railroad Cyber-Physical Systems (CPS)

This NIW approval involved a Software Development Engineer in industry, born in China and residing in the United States, who proposes to work as a Research Scientist. Filed in Railroad Cyber-Physical Systems (CPS), 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 3 publications and 127 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without recommendation letters and included 3 testimonial letters, while 3 recommendation letters were submitted as part of the RFE response.

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

#4: NIW in Wireless Communications

This NIW approval involved a Ph.D. Student (Graduate Research Assistant), born in Turkey and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Wireless Communications, the petition received an RFE from Officer XM2055 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 7 publications and 123 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting letters, while 2 recommendation letters were submitted with the RFE response.

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

#5: NIW in Chemical Biology

This NIW approval involved a Postdoctoral Researcher in industry, born in Singapore and residing in the United States, who proposes to remain in the same employment. Filed in Chemical Biology, the petition received an RFE from Officer XM2043 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 15 publications and 457 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting letters, while 5 recommendation letters were submitted as part of the RFE response.

The petition underwent 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 Enteric Neuroscience

This NIW approval involved an Assistant Professor, born in Italy and residing in the United States, who proposes to remain in the same employment. Filed in Enteric Neuroscience, the petition received an RFE from Officer XM2175 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 121 publications and 1,719 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting letters, while 3 recommendation letters were submitted as part of the RFE response.

The petition underwent 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 Communications and Networkings

This NIW approval involved an Associate Professor, born and residing in Vietnam, who proposes to work as an Assistant Professor, Tenure-Track Information Technology. Filed in Communications and Networkings, the petition received an RFE from Officer XM2560 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 88 publications and 356 citations, with peer-reviewed work published as recently as 2026. The initial filing proceeded without any supporting letters, while 4 recommendation letters were submitted as part of the RFE response.

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 while the applicant was residing outside the United States. 

#8: NIW in Applied Mathematics

This NIW approval involved a Postdoctoral Scholar, born in Bangladesh and residing in the United States, who proposes to remain in the same employment. Filed in Applied Mathematics, the petition received an RFE from Officer XM2055 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 9 publications and 8 citations, with peer-reviewed work published as recently as 2025. The initial filing included 2 recommendation letters and no testimonial letters, while 4 additional recommendation letters and 1 testimonial letter were submitted with the RFE response.

The petition was transferred from the Nebraska Service Center to the Texas Service Center with upfront premium processing.

#9: NIW in Artificial Intelligence in Vehicle Systems

This NIW approval involved a Co-Founder and CTO in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Artificial Intelligence in Vehicle Systems, the petition received an RFE from Officer XM2064 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 18 publications and 442 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 recommendation letters and 1 testimonial letter, while 2 additional recommendation letters were submitted as part of the RFE response.

The petition underwent 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.