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 5 I-140 approvals after RFE review, including 1 EB-1A petition and 4 NIW petitions. Several cases presented circumstances that added complexity to adjudication, including multiple service center transfers, relatively modest publication or citation records, and cases in which additional recommendation or testimonial letters were submitted as part of the RFE response.

Cases With Inherent Challenges

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.

Modest Scholarly Records

Several approved petitions involved applicants with relatively modest publication or citation records, including NIW applicants with 3 publications and 19 citations, and 7 publications and 17 citations. In such cases, the overall evidentiary record remains important because eligibility must be established through the totality of the applicant’s qualifications and evidence rather than through publication or citation numbers alone.

EB-1A Approval After RFE (1)

#1: EB-1A in Computational Psychology

This EB-1A approval involved a Ph.D. student, born in Germany and residing in the United States, who proposes to work as an Applied Scientist in industry. Filed in Computational Psychology, the petition received an RFE from Officer XM1320 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 8 publications and 312 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 with 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 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 (4)

#2: NIW in Chemical Engineering

This NIW approval involved a Product Engineer 3 in industry, 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 the Texas 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 included 4 recommendation letters and 1 testimonial letter, while 3 additional recommendation letters were submitted with the RFE response.

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

#3: NIW in Artificial Intelligence

This NIW approval involved a Ph.D. student (DOGE Intern), born in Saudi Arabia and residing in the United States, who proposes to work as a Researcher in Artificial Intelligence. Filed in Artificial Intelligence, the petition received an RFE from Officer XM2622 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 3 publications and 19 citations, with peer-reviewed work published as recently as 2025. The initial filing included 1 recommendation letter and 3 testimonial letters, while 3 additional recommendation letters were submitted as part of the RFE response.

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

#4: NIW in Analytical Chemistry

This NIW approval involved a Ph.D. student (Research Assistant), born in Vietnam and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Analytical Chemistry, the petition received an RFE from Officer XM2294 before approval was ultimately secured.

The applicant held a STEM master’s degree and presented a scholarly record consisting of 7 publications and 17 citations, with peer-reviewed work published as recently as 2025. The initial filing included 3 recommendation letters and 2 testimonial letters, while the RFE response included 3 additional recommendation letters and 1 testimonial letter.

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

#5: NIW in Information Sciences

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 an Applied Scientist in industry. Filed in Information Sciences, 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 8 publications and 49 citations, with peer-reviewed work published as recently as 2024. 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.