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 the adjudicating officer may request further evidence or clarification 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 15 I-140 approvals involving RFE review or related adverse petition histories, including 1 EB-1A petition and 14 NIW petitions. Several cases presented circumstances that added complexity to adjudication, including a prior NIW denial and rejected filing, a related EB-1A petition that received an RFE, two RFEs issued in the same NIW case, multiple service center transfers, non-STEM cases, and an applicant residing outside the United States.

Cases With Inherent Challenges

Prior Petition Histories Involving RFE, Denial, or Rejection

Two approvals involved applicants with notable prior or related petition histories. One NIW applicant had a first NIW petition that received an RFE and was denied, followed by another NIW filing that was rejected, while another NIW applicant had a related EB-1A petition that received an RFE. Such circumstances can add complexity because each petition must independently establish eligibility under the applicable immigration standard while presenting a clear and consistent evidentiary record despite earlier or related adjudication issues.

Multiple RFEs in the Same Petition

One NIW petition received two separate RFEs during adjudication, with the second RFE issued after the response to the RFE was mailed. Multiple rounds of RFE review can add complexity because the evidentiary record must remain internally consistent while directly addressing the concerns raised through successive rounds of USCIS scrutiny.

Multiple Service Center Transfers

Several petitions underwent 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.

EB-1A Approval After RFE (1)

#1: EB-1A in Chemistry

This EB-1A approval involved a Material Scientist in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Chemistry, the petition received an RFE from Officer XM1365 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 9 publications and 615 citations, with peer-reviewed work published as recently as 2023. The initial filing included 4 recommendation letters and no testimonial letters, while the RFE response included 3 additional recommendation letters and 1 testimonial letter.

The petition 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.

NIW Approvals After RFE (14)

#2: NIW in Chemical Engineering

This NIW approval involved a Postdoc Researcher, born in Iran and residing in the United States, who proposes to work as a Researcher. Filed in Chemical Engineering, the applicant initially filed an NIW petition, followed by an EB-1A petition. The NIW was approved, while the EB-1A received an RFE from Officer XM1313.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 17 publications and 369 citations, with peer-reviewed work published as recently as 2025. The petition included 2 recommendation letters and 1 testimonial letter.

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

Notable: This approval is notable for securing NIW approval while a related EB-1A petition received an RFE.

#3: NIW in Computer Science

This NIW approval involved a Ph.D. student (Research Assistant), born in Pakistan and residing in the United States, who proposes to work as a Postdoctoral Research Fellow. Filed in Computer Science, the applicant’s first NIW petition received an RFE from Officer XM2024 and was denied, while the second NIW was rejected before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a substantial scholarly record consisting of 22 publications and 361 citations, with peer-reviewed work published as recently as 2026. The initial filing included 4 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 Service Center Operations Directorate (SCOPS) Texas Facility with a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after the applicant’s first NIW received an RFE and was denied and the second NIW was rejected.

#4: NIW in Immunology

This NIW approval involved a Ph.D. student (Doctoral Researcher), born in China and residing in Germany, who proposes to work as a Postdoctoral Researcher. Filed in Immunology, the petition received an RFE from Officer XM1771 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 7 publications and 347 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without recommendation letters and included 1 testimonial letter, while 5 recommendation letters and 1 additional testimonial letter were submitted with the RFE response.

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

Notable: This approval is notable for securing NIW approval after RFE review while the applicant was residing outside the United States.

#5: NIW in Optical Engineering

This NIW approval involved a Senior Design Engineer in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Optical Engineering, the petition received an RFE from Officer XM1922 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 22 publications and 234 citations, with peer-reviewed work published as recently as 2023. The filing included 4 recommendation letters and proceeded without testimonial letters.

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

#6: NIW in Chemical Engineering

This NIW approval involved a Postdoctoral Associate, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Chemical Engineering, the petition received an RFE from Officer XM2616 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 4 publications and 79 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting letters, while 1 recommendation letter was submitted as part of the RFE response.

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

#7: NIW in Mechanical Engineering

This NIW approval involved a Senior Mechatronics Engineer 2 in industry, born in Lebanon and residing in the United States, who proposes to remain in the same employment. Filed in Mechanical Engineering, the petition received an RFE from Officer XM2416 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 6 publications and 94 citations, with peer-reviewed work published as recently as 2023. The initial filing included 4 recommendation letters and no testimonial letters, while 4 additional recommendation letters were submitted with the RFE response.

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

#8: NIW in Chemical Engineering

This NIW approval involved a Postdoctoral Associate, born in Brazil and residing in the United States, who proposes to remain in the same employment. Filed in Chemical Engineering, the petition received an RFE from Officer XM2513 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 8 publications and 100 citations, with peer-reviewed work published as recently as 2023. The initial filing included 2 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 a premium processing upgrade.

#9: NIW in Veterinary Medicine

This NIW approval involved an Assistant Research Professor, born in Germany and residing in the United States, who proposes to remain in the same employment. Filed in Veterinary Medicine, the petition received an RFE from Officer XM2367 before approval was ultimately secured.

The applicant held a Ph.D. and demonstrated a scholarly record consisting of 9 publications and 111 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while 6 additional recommendation letters and 1 testimonial letter were submitted with 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.

#10: NIW in Materials Science

This NIW approval involved a Product Development Engineer in industry, born in Taiwan and residing in the United States, who proposes to remain in the same employment. Filed in Materials Science, the petition received an RFE from Officer XM2582 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 3 publications and 47 citations, with peer-reviewed work published as recently as 2023. The initial filing included 4 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 a premium processing upgrade.

#11: NIW in Applied Statistics

This NIW approval involved a Postdoctoral Associate, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Applied Statistics, the petition received an RFE from Officer XM2420 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 3 publications and 20 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without recommendation letters and included 3 testimonial letters, while 1 recommendation letter was submitted with the RFE response.

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

#12: NIW in Electrical and Communications Engineering

This NIW approval involved a Ph.D. student (Graduate Teaching Assistantship), born in Iraq and residing in the United States, who proposes to work as a Communication Engineer. Filed in Electrical and Communications Engineering, the petition received an RFE from Officer XM2481 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 16 publications and 32 citations, with peer-reviewed work published as recently as 2022. The initial filing included 2 recommendation letters and no testimonial letters, while 3 additional recommendation letters were submitted as part of the RFE response.

The petition 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.

#13: NIW in Microbiology

This NIW approval involved a Ph.D. student (Graduate Research Assistant), born in China and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Microbiology, the petition received a first RFE from Officer XM1922, followed by a second RFE from Officer XM2382 after the RFE response was mailed, before approval was ultimately granted.

The applicant held a master’s degree and demonstrated a scholarly record consisting of 5 publications and 39 citations, with peer-reviewed work published as recently as 2023. The initial filing included 2 recommendation letters and no testimonial letters, while 2 additional recommendation letters were submitted with 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 two separate RFEs in a non-STEM field.

#14: NIW in Mechanical Engineering

This NIW approval involved a Mechanical Engineer Research Scientist in industry, born in Iran and residing in the United States, who proposes to remain in the same employment. Filed in Mechanical Engineering, the petition received an RFE from Officer XM1951 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 3 publications and 36 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while 4 additional recommendation letters were submitted as part of the RFE response.

The petition 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.

#15: NIW in Structural Biology

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

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 4 publications and 154 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 with a premium processing upgrade.