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 20 I-140 approvals involving RFE review or related adverse petition histories, including 3 EB-1A petitions, 1 EB-1B petition, and 16 NIW petitions. Several cases presented circumstances that added complexity to adjudication, including prior EB-1A or NIW denials, a refiled NIW petition following two RFEs and a denial, multiple service center transfers, applicants 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

Prior Petition Histories Involving RFE Review and Denial

Four approvals involved applicants with notable adverse or related petition histories. One EB-1B applicant had a related EB-1A petition that received an RFE and was denied, while two NIW applicants had related EB-1A petitions that received RFEs and were denied. Another applicant pursued a refiled NIW after the earlier NIW received two RFEs and was denied. Such histories can add complexity because the subsequent petition must independently establish eligibility under its applicable immigration standard while maintaining a clear and consistent evidentiary record despite issues raised during prior or related adjudications.

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.

Applicants Residing Outside the United States

Two NIW petitions involved applicants residing outside the United States, including one residing in Canada and another residing in China. Despite residing abroad, these applicants ultimately secured approval after RFE review, demonstrating that their residence outside the United States did not prevent approval of their petitions.

EB-1A Approvals After RFE (3)

#1: EB-1A in Materials Science

This EB-1A approval involved an Optical Scientist in industry, born in India and residing in the United States, who proposes to remain in the same role. Filed in Materials Science, the petition received an RFE from Officer XM1642 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 25 publications and 417 citations, with peer-reviewed work published as recently as 2025. The initial filing included 5 recommendation letters and no testimonial letters, while the RFE response included 8 additional recommendation letters.

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 EB-1A approval after RFE review while undergoing multiple service center transfers.

#2: EB-1A in Nutritional Science

This EB-1A approval involved a Research Fellow, born in Iran and residing in the United States, who proposes to work as a Postdoctoral Fellow. Filed in Nutritional Science, the petition received an RFE from Officer EX0272 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 27 publications and 773 citations, with peer-reviewed work published as recently as 2023. The petition was supported by 4 recommendation letters and proceeded without testimonial letters.

The petition was transferred 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 EB-1A approval after RFE review while undergoing multiple service center transfers.

#3: EB-1A in Translational Medicine

This EB-1A approval involved a Ph.D. student, born in China and residing in the United States, who proposes to work as a Senior Scientist in industry. Filed in Translational Medicine, the petition received an RFE from Officer XM1671 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 9 publications and 513 citations, with peer-reviewed work published as recently as 2020. 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 was adjudicated through the Texas Service Center with upfront premium processing.

EB-1B Approval After RFE (1)

#4: EB-1B in Petroleum Engineering

This EB-1B approval involved a Research Associate III, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Petroleum Engineering, the applicant initially filed an EB-1A petition, followed by an EB-1B petition. The EB-1B has been approved, while the EB-1A has received an RFE from Officer XM1982 and was denied.

The applicant held a STEM Ph.D. and presented a scholarly record consisting of 17 publications and 205 citations, with peer-reviewed work published as recently as 2026. The petition was supported by 6 recommendation letters and proceeded without testimonial letters.

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

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

NIW Approvals After RFE (16)

#5: NIW in Computer Science

This NIW approval involved a Postdoctoral Associate, born in Pakistan and residing in the United States, who proposes to remain in the same employment. Filed in Computer Science, the applicant’s NIW petition was approved despite a related EB-1A history in which the first EB-1A received an RFE from Officer XM1136 and was denied, while the second EB-1A also received an RFE from the Nebraska Service Center.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 9 publications and 716 citations, with peer-reviewed work published as recently as 2025. The filing included 5 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 while the applicant’s related EB-1A petition history included two RFEs and a denial.

#6: NIW in Pathology

This NIW approval involved a Chief Clinical Fellow, born in Turkey and residing in the United States, who proposes to remain in the same employment. Filed in Pathology, the applicant initially filed an NIW petition, followed by an EB-1A petition. The NIW has been approved, while the EB-1A received an RFE from Officer EX5178 and was denied.

The applicant held a Ph.D. and demonstrated a substantial scholarly record consisting of 21 publications and 294 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

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

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

#7: NIW in Management Information Systems

This NIW approval involved an Assistant Professor of Information Systems, born in China and residing in Canada, who proposes to remain in the same employment. Filed in Management Information Systems, the petition received an RFE from Officer XM2181 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 8 publications and 126 citations, with peer-reviewed work published as recently as 2023. The initial filing proceeded without any supporting letters, while 3 recommendation letters were submitted as part of the RFE response.

The petition was adjudicated through the Texas Service Center without premium processing and was approved in 942 days.

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 Artificial Intelligence

This NIW approval involved a Senior Data Scientist in industry, born in China and residing in the United States, who proposes to remain in the same role. Filed in Applied Artificial Intelligence, 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 7 publications and 35 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 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.

#9: NIW in Plant Biochemistry

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 Plant Biochemistry, the petition received an RFE from Officer XM1951 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 6 publications and 49 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.

#10: NIW in Wireless Systems

This NIW approval involved a Research Assistant, born in China and residing in the United States, who proposes to work as a Tenure-Track Professor. Filed in Wireless Systems, 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 14 publications and 146 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.

#11: NIW in Cardiac Physiology

This NIW approval involved an Instructor in Medicine, born in Taiwan and residing in the United States, who proposes to remain in the same employment. Filed in Cardiac Physiology, 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 15 publications and 511 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without any supporting 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 without recommendation or testimonial letters.

#12: NIW in Materials Chemistry

This NIW approval involved a Ph.D. student, born in Pakistan and residing in the United States, who proposes to work as a Postdoctoral Research Associate (Materials Chemistry). Filed in Materials Chemistry, the petition received an RFE from Officer XM2229 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 5 publications and 116 citations, with peer-reviewed work published as recently as 2025. 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.

#13: NIW in Material Science and Engineering

This NIW approval involved a Ph.D. student (Graduate Research Associate), born in Japan and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Material Science and Engineering, 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 5 publications and 21 citations, with peer-reviewed work published as recently as 2026. The initial filing proceeded without recommendation letters but included 4 testimonial letters, while 4 recommendation letters were submitted with the RFE response.

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

#14: NIW in Internal Medicine

This NIW approval involved a Hospitalist Physician, born in Palestine-West Bank and residing in the United States, who proposes to remain in the same employment. Filed in Internal Medicine, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held an M.D. degree and demonstrated a scholarly record consisting of 8 publications and 27 citations, with peer-reviewed work published as recently as 2025. 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 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.

#15: NIW in Computer Science

This NIW approval involved a Ph.D. student (Research Assistant), born in Taiwan and residing in the United States, who proposes to work as an Applied Scientist in industry. Filed in Computer 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 substantial scholarly record consisting of 10 publications and 281 citations, with peer-reviewed work published as recently as 2023. The initial filing proceeded without supporting letters, while the RFE response included 4 recommendation letters and 1 testimonial letter.

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

#16: NIW in Applied Statistics

This NIW approval involved a Senior Auction and Machine Learning Scientist in industry, born in China and residing in the United States, who proposes to remain in the same role. Filed in Applied Statistics, the petition received an RFE from Officer XM2115 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a substantial scholarly record consisting of 6 publications and 379 citations, with peer-reviewed work published as recently as 2021. The filing was supported by 1 recommendation letter and 3 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 upfront premium processing.

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

#17: NIW in Radiation Biology

This NIW approval involved a Postdoctoral Research Fellow, born in the Philippines and residing in the United States, who proposes to remain in the same employment. Filed in Radiation 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 6 publications and 37 citations, with peer-reviewed work published as recently as 2021. The initial filing proceeded without any supporting letters, while the RFE response included 4 recommendation letters and 1 testimonial letter.

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

#18: NIW in Agricultural Sciences

This NIW approval involved a Research Scholar, born in Tunisia and residing in the United States, who proposes to remain in the same employment. Filed in Agricultural Sciences, 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 13 publications and 334 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without supporting letters, while 5 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.

#19: NIW in Computer Vision

This NIW approval involved an Analytics Analyst in industry, born and residing in China, who proposes to work as a Research Scientist in industry. Filed in Computer Vision, the applicant pursued a refiled NIW petition after the earlier NIW received an RFE from Officer XM2514, followed by a second RFE from the Texas Service Center after the RFE response was mailed, which was ultimately denied. The refiled petition then received an RFE from Officer XM1771 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a substantial scholarly record consisting of 10 publications and 249 citations, with peer-reviewed work published as recently as 2025. The petition included 4 recommendation letters and no testimonial letters, 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 a premium processing upgrade.

Notable: This approval is notable for securing a refiled NIW approval after RFE review while the applicant was residing outside the United States and undergoing multiple service center transfers, despite an earlier NIW receiving two RFEs and being denied.

#20: NIW in Structural Engineering

This NIW approval involved an Assistant Engineer 2 in industry, born in Sri Lanka and residing in the United States, who proposes to remain in the same role. Filed in Structural Engineering, 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 11 publications and 36 citations, with peer-reviewed work published as recently as 2023. The initial filing included 2 recommendation letters and no testimonial letters, while the RFE response included 3 additional recommendation letters and 1 testimonial letter.

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