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 13 I-140 approvals after RFE review, consisting of 3 EB-1A approvals and 10 NIW approvals. Several cases presented circumstances that added complexity to adjudication, including multiple service center transfers, an applicant residing outside the United States, a related NIW petition undergoing RFE review, applicants with relatively modest scholarly records, and petitions initially filed without recommendation or testimonial letters.

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.

Related Adverse Adjudication History

One EB-1A approval involved an applicant whose related NIW petition had received an RFE and remained pending. Such circumstances can add complexity when separate petitions are subject to additional adjudicative scrutiny under different eligibility standards. Despite the unresolved RFE in the related NIW petition, the applicant successfully secured EB-1A approval after addressing the evidentiary concerns raised during its adjudication.

EB-1A Approvals After RFE (3)

#1: EB-1A in Regenerative Medicine

This EB-1A approval involved a Research Associate, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Regenerative Medicine, the petition received an RFE from Officer XM1849 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 25 publications and 1,682 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 recommendation letters and no testimonial letters, while 2 additional recommendation letters and 3 testimonial letters were submitted as part of the RFE response.

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

#2: EB-1A in Computer Audition and Music Technology

This EB-1A approval involved a Research Scientist II in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Computer Audition and Music Technology, the petition received an RFE from Officer XM2272 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 34 publications and 3,676 citations, with peer-reviewed work published as recently as 2025. The filing included 2 recommendation letters and 4 testimonial letters.

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

#3: EB-1A in Artificial Intelligence

This EB-1A approval involved a Tenure-Track Assistant Professor, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Artificial Intelligence, the applicant initially filed an NIW petition, followed by an EB-1A petition. The NIW has received an RFE from Officer XM1771 and remained pending, while the EB-1A has received an RFE from Officer XM2108 before approval was ultimately granted.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 9 publications and 305 citations, with peer-reviewed work published as recently as 2024. The filing included 4 recommendation letters and no testimonial letters.

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

Notable: This approval is notable for securing EB-1A approval after RFE review while a related NIW petition had also received an RFE and remained pending.

NIW Approvals After RFE (10)

#4: NIW in Pharmaceutical Sciences

This NIW approval involved a Postdoctoral Researcher, born in Albania and residing in Turkey, who proposes to work as a Lecturer. Filed in Pharmaceutical Sciences, the petition received an RFE before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 6 publications and 39 citations, with peer-reviewed work published as recently as 2024. The filing included 2 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 securing NIW approval after RFE review while the applicant was residing outside the United States.

#5: NIW in Material Science

This NIW approval involved a Researcher, born in China and residing in the United States, who proposes to work as a Research Scientist in industry. Filed in Material Science, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 3 publications and 315 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without any supporting letters, while 2 recommendation letters and 3 testimonial letters were submitted as part of the RFE response.

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

#6: NIW in Platelet Biology

This NIW approval involved a Research Fellow, born in Nepal and residing in the United States, who proposes to remain in the same employment. Filed in Platelet Biology, the petition received an RFE from Officer XM2263 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 17 publications and 116 citations, with peer-reviewed work published as recently as 2023. The initial filing included 4 recommendation letters and no testimonial letters, while 3 additional recommendation letters were submitted with the RFE response.

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

#7: NIW in Materials Science

This NIW approval involved a Program Director (Advanced Packaging and Thermal Management) in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Materials Science, the petition received an RFE before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 11 publications and 70 citations, with peer-reviewed work published as recently as 2023. The initial filing proceeded without any supporting letters, while 2 recommendation letters and 1 testimonial letter were submitted as part of the RFE response.

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

#8: NIW in Biomedical Science

This NIW approval involved a Lead Biostatistician in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Biomedical Science, 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 substantial scholarly record consisting of 64 publications and 7,617 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without any supporting 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 while undergoing multiple service center transfers.

#9: NIW in Electrical Engineering

This NIW approval involved a Senior Power Systems Engineer in industry, born in Bangladesh and residing in the United States, who proposes to remain in the same employment. Filed in Electrical Engineering, 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 8 publications and 58 citations, with peer-reviewed work published as recently as 2026. The initial filing included 1 recommendation letter and 1 testimonial letter, while 1 additional recommendation letter and 2 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 upfront premium processing.

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

#10: NIW in Water Resources Engineering

This NIW approval involved a Water Engineer - 1 / Hydraulic Modeler in industry, born in Nepal and residing in the United States, who proposes to work as a Water Engineer 2 in industry. Filed in Water Resources Engineering, the petition received an RFE from Officer XM2418 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 22 publications and 128 citations, with peer-reviewed work published as recently as 2024. The initial filing included 4 recommendation letters and no testimonial letters, while 3 additional 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.

#11: NIW in Petroleum Engineering

This NIW approval involved an Associate Engineer II in industry, born in Colombia and residing in the United States, who proposes to work as a Completions and Drilling Engineer. Filed in Petroleum 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 5 publications and 25 citations, with peer-reviewed work published as recently as 2023. The initial filing included 2 recommendation letters and no testimonial letters, while 3 testimonial letters were submitted with the RFE response.

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

#12: NIW in Cybersecurity

This NIW approval involved a Ph.D. Student (Graduate Research Assistant), born in South Korea and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Cybersecurity, the petition received an RFE from Officer XM1209 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 4 publications and 29 citations, with peer-reviewed work published as recently as 2026. The filing proceeded without recommendation letters and included 5 testimonial letters.

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

#13: NIW in Materials Engineering

This NIW approval involved a Postdoctoral Research Associate, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Materials Engineering, the petition received an RFE from Officer XM1914 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 25 publications and 315 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 upfront premium processing.

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