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 2 EB-1A approvals and 7 NIW approvals. Several cases presented circumstances that added complexity to adjudication, including multiple service center transfers, petitions filed in non-STEM fields, applicants with relatively modest scholarly records, petitions initially filed without recommendation or testimonial letters, and extended adjudication periods without premium processing.

Cases With Inherent Challenges

Multiple Service Center Transfers

Two 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.

Non-STEM Academic Backgrounds

Several petitions involved applicants holding non-STEM academic degrees, including those working in medical, engineering, and dental fields. These cases demonstrate that holding a non-STEM degree does not necessarily prevent applicants from qualifying for employment-based immigration benefits, provided that their qualifications and supporting evidence satisfy the applicable eligibility requirements.

EB-1A Approvals After RFE (2)

#1: EB-1A in Computer Science

This EB-1A approval involved an Applied Researcher I in industry, born in India and residing in the United States, who proposes to remain in the same role. Filed in Computer Science, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 23 publications and 467 citations, with peer-reviewed work published as recently as 2024. The filing included 4 recommendation letters and proceeded without testimonial letters.

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

#2: EB-1A in Cancer Biology

This EB-1A approval involved a Postdoctoral Fellow in industry, born in Taiwan and residing in the United States, who proposes to remain in the same role. Filed in Cancer Biology, the petition received an RFE from Officer XM2042 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 14 publications and 1,287 citations, with peer-reviewed work published as recently as 2026. The initial filing included 6 recommendation letters and no testimonial letters, while 2 additional recommendation letters were submitted as part of the RFE response.

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

NIW Approvals After RFE (7)

#3: NIW in Pediatric Oncology

This NIW approval involved a Pediatric Resident Physician, born in Lebanon and residing in the United States, who proposes to remain in the same employment. Filed in Pediatric Oncology, the petition received an RFE from Officer XM2031 before approval was ultimately secured.

The applicant held an MD degree and demonstrated a scholarly record consisting of 6 publications and 61 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 3 recommendation letters were submitted with 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 in a non-STEM field while undergoing multiple service center transfers.

#4: NIW in Medicine

This NIW approval involved a Visiting Scholar, born in Iran and residing in the United States, who proposes to work as a Research Scholar. Filed in Medicine, the petition received an RFE from Officer XM1155 before approval was ultimately secured.

The applicant held an MD degree and demonstrated a scholarly record consisting of 24 publications and 141 citations, with peer-reviewed work published as recently as 2023. The initial filing included 2 recommendation letters and no testimonial letters, while 3 additional recommendation letters and 2 testimonial letters were submitted as part of the RFE response.

The petition was transferred from the Nebraska Service Center to the Texas Service Center without premium processing and was approved after 976 days.

Notable: This approval is notable for securing NIW approval after RFE review in a non-STEM field.

#5: NIW in Computer Science

This NIW approval involved a Software Engineer in industry, born in Germany and residing in the United States, who proposes to remain in the same role. Filed in Computer Science, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 7 publications and 45 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 2 recommendation letters were submitted with the RFE response.

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

#6: NIW in Biotechnology

This NIW approval involved a Research Scholar, born in Brazil and residing in the United States, who proposes to remain in the same employment. Filed in Biotechnology, the petition received an RFE from Officer XM2021 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 52 publications and 1,018 citations, with peer-reviewed work published as recently as 2025. The initial filing included 2 recommendation letters and no testimonial letters, while 3 additional recommendation letters and 3 testimonial 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 Computer Engineering

This NIW approval involved a Researcher, born in China and residing in the United States, who proposes to work as a Machine Learning Research Scientist in industry. Filed in Computer Engineering, the petition received an RFE from Officer XM2055 before approval was ultimately secured.

The applicant held a Ph.D. and demonstrated a scholarly record consisting of 11 publications and 231 citations, with peer-reviewed work published as recently as 2022. The initial filing proceeded without any supporting letters, while 2 recommendation letters were submitted as part of the RFE response.

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

Notable: This approval is notable for securing NIW approval after RFE review with a non-STEM field.

#8: NIW in Dentistry

This NIW approval involved an Instructor, born in Taiwan and residing in the United States, who proposes to remain in the same employment. Filed in Dentistry, the petition received an RFE from Officer XH2622 before approval was ultimately secured.

The applicant held a D.M.D. degree and demonstrated a scholarly record consisting of 4 publications and 41 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without recommendation letters and included 2 testimonial 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 in a non-STEM field.

#9: NIW in Biosignal Sensing and Engineering

This NIW approval involved a Data Scientist II in industry, born in South Korea and residing in the United States, who proposes to remain in the same role. Filed in Biosignal Sensing and Engineering, the petition received an RFE from Officer XM2554 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 3 publications and 38 citations, with peer-reviewed work published as recently as 2023. The initial filing included 2 recommendation letters and no testimonial letters, while 1 additional recommendation letter was submitted with the RFE response.

The petition was adjudicated through the Texas Service Center without premium processing and was approved after 827 days.