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 16 I-140 approvals involving RFE review or related adverse petition histories, including 3 EB-1A petitions and 13 NIW petitions. Several cases presented circumstances that added complexity to adjudication, including a withdrawn or denied related EB-1A petition, multiple service center transfers, an applicant residing outside the United States, non-STEM cases, and petitions in which the initial filing included limited or no supporting letters.

Cases With Inherent Challenges

Related Adverse Histories Involving RFE Review, Withdrawal, or Denial

Three approvals involved applicants with notable related EB-1A histories. One applicant secured approval through a refiled EB-1A petition after the earlier EB-1A received an RFE and was withdrawn. Two NIW applicants had related EB-1A petitions that received RFEs and were denied. Such histories can add complexity because the subsequent or separate petition must independently establish eligibility under its applicable immigration standard while maintaining a clear evidentiary record despite issues raised during the earlier adjudication.

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.

Limited or No Supporting Letters

Several petitions involved limited or no supporting letters at the initial filing stage. While some applicants submitted additional recommendation or testimonial letters as part of the RFE response, one NIW petition proceeded without any supporting letters throughout the case, including the RFE response. These cases involved different evidentiary records but ultimately secured approval after RFE review.

EB-1A Approvals After RFE (3)

#1: EB-1A in Computational Modeling

This EB-1A approval involved a Research Fellow, born in Chile and residing in the United States, who proposes to remain in the same employment. Filed in Computational Modeling, 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 24 publications and 529 citations, with peer-reviewed work published as recently as 2026. The initial filing included 2 recommendation letters and no testimonial letters, while 1 additional recommendation letter was submitted as part of the RFE response.

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

#2: EB-1A in Artificial Intelligence

This EB-1A approval involved a Research Scientist in industry, born in China and residing in the United States, who proposes to remain in the same role. Filed in Artificial Intelligence, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 13 publications and 1,400 citations, with peer-reviewed work published as recently as 2024. The petition was supported by 4 recommendation letters and proceeded without testimonial letters.

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 undergoing multiple service center transfers.

#3: EB-1A in Computer Science

This EB-1A approval involved a Ph.D. student, born in China and residing in the United States, who proposes to work as a Research Scholar. Filed in Computer Science, the applicant pursued a refiled EB-1A petition after the earlier EB-1A received an RFE from Officer XM1767 and was withdrawn. The refiled petition subsequently received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM bachelor’s degree and demonstrated a substantial scholarly record consisting of 11 publications and 1,067 citations, with peer-reviewed work published as recently as 2024. The initial filing included 4 recommendation letters and no testimonial letters, while the RFE response included 2 additional 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 EB-1A approval through a refiled petition that also underwent RFE review, after the earlier EB-1A petition had received an RFE and was withdrawn.

NIW Approvals After RFE (13)

#4: NIW in Biological Science

This NIW approval involved a Postdoctoral Researcher, born in China and residing in the United States, who proposes to work as an Academic Assistant Research Scientist. Filed in Biological Science, the applicant initially filed an EB-1A petition, followed by an NIW petition. The NIW has been approved, while the EB-1A has received an RFE from Officer XM2479 and was denied.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 17 publications and 441 citations, with peer-reviewed work published as recently as 2025. The NIW petition was supported by 6 recommendation letters and proceeded without testimonial letters.

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

Notable: This approval is notable for securing NIW approval despite a related EB-1A petition receiving an RFE and being denied.

#5: NIW in Computational Biology

This NIW approval involved a Postdoctoral Fellow, born in Russia and residing in the United States, who proposes to remain in the same employment. Filed in Computational Biology, the applicant initially filed an EB-1A petition, followed by an NIW petition. The NIW has been approved, while the EB-1A has received an RFE from Officer XM1452 and was denied.

The applicant held a STEM Ph.D. and presented a substantial scholarly record consisting of 15 publications and 404 citations, with peer-reviewed work published as recently as 2025. The petition included 5 recommendation letters and proceeded without testimonial letters.

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

Notable: This approval is notable for securing NIW approval despite a related EB-1A petition receiving an RFE and being denied.

#6: NIW in Materials Science

This NIW approval involved a Research Associate, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Materials 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 63 citations, with peer-reviewed work published as recently as 2023. The initial filing included 4 recommendation letters and no testimonial letters, while 5 additional recommendation letters were submitted as part of the RFE response.

The petition underwent transfers from the Texas Service Center to the Nebraska Service Center and then back to the Texas 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 Applied Machine Learning

This NIW approval involved a Software Development Engineer II in industry, born in China and residing in the United States, who proposes to work as a Research Scientist - Open Rank. Filed in Applied Machine Learning, 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 7 publications and 126 citations, with peer-reviewed work published as recently as 2026. The initial filing included no recommendation letters and 2 testimonial letters, while 5 recommendation letters were submitted with the RFE response.

The petition underwent 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 NIW approval after RFE review while undergoing multiple service center transfers.

#8: NIW in Targeted Drug Delivery Systems

This NIW approval involved a Postdoctoral Fellow, born in Algeria and residing in Canada, who proposes to remain in the same employment. Filed in Targeted Drug Delivery Systems, the petition received an RFE from Officer XM2367 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 10 publications and 585 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without any supporting letters, while 7 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.

#9: NIW in Medical Science

This NIW approval involved a Clinical Epilepsy Fellow, born in India and residing in the United States, who proposes to work as an Epileptologist. Filed in Medical Science, the petition received an RFE from Officer XM2055 before approval was ultimately secured.

The applicant held an M.B.B.S. degree and demonstrated a scholarly record consisting of 10 publications and 154 citations, with peer-reviewed work published as recently as 2026. The case proceeded without any supporting letters.

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 in a non-STEM field without recommendation or testimonial letters.

#10: NIW in Biomedical Science

This NIW approval involved a Postdoctoral Researcher, born in Brazil 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 Ph.D. and demonstrated a substantial scholarly record consisting of 19 publications and 563 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without supporting letters, while 2 recommendation letters 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 NIW approval after RFE review while undergoing multiple service center transfers.

#11: NIW in Biotechnology

This NIW approval involved an Associate Scientist III in industry, born in India and residing in the United States, who proposes to remain in the same role. Filed in Biotechnology, 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 4 publications and 79 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 upfront premium processing.

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

#12: NIW in Applied Geophysics

This NIW approval involved a Postdoctoral Research Associate, born in Poland and residing in the United States, who proposes to remain in the same employment. Filed in Applied Geophysics, 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 17 publications and 126 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without any supporting letters, while the RFE response included 5 recommendation letters and 3 testimonial letters.

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

#13: NIW in Cancer Biology

This NIW approval involved a Ph.D. student (Graduate Research Assistant), born in Nepal and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Cancer Biology, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a bachelor’s degree and demonstrated a scholarly record consisting of 4 publications and 60 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 as part of 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 in a non-STEM field.

#14: NIW in Computational Astrophysics

This NIW approval involved a Ph.D. Candidate (Graduate Research Assistant), born in Nepal and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Computational Astrophysics, the petition received an RFE from Officer XM1914 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 7 publications and 74 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 were submitted with the RFE response.

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

#15: NIW in Immunology

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 Immunology, the petition received an RFE from Officer XM2420 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 5 publications and 487 citations, with peer-reviewed work published as recently as 2025. The initial filing included no recommendation letters and 2 testimonial letters, while the RFE response included 2 recommendation letters and 2 additional testimonial letters.

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

#16: NIW in Plant Pathology

This NIW approval involved a Ph.D. student (Graduate Research Assistant), born in Nepal and residing in the United States, who proposes to work as a Plant Pathologist. Filed in Plant Pathology, the petition received an RFE from Officer XM1910 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a substantial scholarly record consisting of 8 publications and 232 citations, with peer-reviewed work published as recently as 2024. The initial filing included 4 recommendation letters and no testimonial letters, while the RFE response included 3 additional recommendation letters and 3 testimonial letters.

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