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 6 I-140 approvals involving RFE review or a prior adverse petition history. These approvals include 1 EB-1A petition and 5 NIW petitions. Five petitions received RFEs before approval, while one applicant secured approval through a refiled NIW petition after the first NIW received an RFE and was denied. Several cases also presented circumstances that added complexity to adjudication, including multiple service center transfers, initial filings with limited or no supporting letters, additional recommendation letters submitted as part of RFE responses, and a non-STEM case.

Cases With Inherent Challenges

Prior Denial Following RFE Review

One approval involved an applicant who pursued an NIW refiling after the first NIW petition received an RFE and was denied. A prior adverse adjudication can add complexity because the refiled petition must independently establish eligibility under the applicable NIW standard while presenting a coherent evidentiary record in light of the earlier outcome.

Multiple Service Center Transfers

Several petitions underwent transfers between the Nebraska Service Center and the Texas Service Center during adjudication. Such procedural movements 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 Artificial Intelligence

This EB-1A approval involved a Staff Machine Learning Engineer in industry, born in India and residing in the United States, who proposes to work as a Principal Research Scientist in industry. Filed in Artificial Intelligence, 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 10 publications and 190 citations, with peer-reviewed work published as recently as 2025. Although the initial filing proceeded without any supporting letters, 3 recommendation letters were submitted as part of the RFE response.

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

NIW Approvals After RFE (5)

#2: NIW in Cancer Biology

This NIW approval involved a Ph.D. student (Postdoctoral Researcher), born in Nigeria and residing in the United States, who proposes to remain in the same employment. Filed in Cancer Biology, the petition received an RFE from Officer EX5080 before approval was secured.

The applicant held a STEM master’s degree and presented a scholarly record consisting of 3 publications and 83 citations, with peer-reviewed work published as recently as 2024. The initial filing included 1 recommendation letter and 1 testimonial letter, while 3 additional recommendation letters were submitted with the RFE response.

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

#3: NIW in Electrical Engineering

This NIW approval involved a Researcher IV in industry, born in the United Arab Emirates and residing in the United States, who proposes to remain in the same employment. Filed in Electrical 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 14 publications and 91 citations, with peer-reviewed work published as recently as 2024. The initial petition was supported by 2 recommendation letters and no testimonial letters, while 4 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.

#4: NIW in Colorectal Cancer

This NIW approval involved a Colorectal Surgeon, born in Mexico and residing in the United States, who proposes to work as a Physician-Scientist in Colorectal Cancer. Filed in Colorectal Cancer, the petition received an RFE from Officer XM1984 before approval was ultimately secured.

The applicant held an M.D. degree and demonstrated a substantial scholarly record consisting of 12 publications and 486 citations, with peer-reviewed work published as recently as 2022. The initial filing proceeded without any supporting letters, while 2 recommendation letters were submitted with the RFE response.

The petition transferred from the Texas Service Center to the Nebraska Service Center during adjudication and proceeded with a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review in a non-STEM field.

#5: NIW in Chemical Biology

This NIW approval involved a Ph.D. candidate (Graduate Research Assistant), born in China and residing in the United States, who proposes to work as a Postdoctoral Fellow. Filed in Chemical Biology, the petition received an RFE from Officer XM2417 before approval was secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 4 publications and 93 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 adjudication 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.

#6: NIW in Artificial Intelligence

This NIW approval involved an Assistant Professor, born in Bangladesh and residing in the United States, who proposes to remain in the same employment. Filed in Artificial Intelligence, the applicant secured approval through a refiled NIW petition after the first NIW received an RFE from Officer XM2115 and was denied.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 47 publications and 476 citations, with peer-reviewed work published as recently as 2024. The petition was supported by 2 recommendation letters and proceeded without testimonial letters.

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

Notable: This approval is notable for securing NIW approval through a refiled petition after the applicant’s first NIW petition received an RFE and was denied.