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 7 I-140 approvals after RFE review or adverse petition histories, consisting of 3 EB-1A approvals and 4 NIW approvals. Several cases presented circumstances that added complexity to adjudication, including a prior NIW denial and petition refiling, multiple service center transfers, a petition filed in a non-STEM field, an applicant without an advanced degree, and applicants with relatively modest scholarly records.

Cases With Inherent Challenges

Prior Petition Denial and Refiling

One NIW approval involved an applicant who secured approval through a refiled petition after the initial NIW petition received an RFE and was denied. Such circumstances highlight the complexity of cases involving adverse adjudication histories and demonstrate that a prior denial does not necessarily prevent approval through a new petition, provided that eligibility is established under the applicable immigration standard.

Multiple Service Center Transfers

Two petitions underwent multiple 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 Approvals After RFE (3)

#1: EB-1A in Immunology

This EB-1A approval involved a Graduate Thesis Research, born in China and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Immunology, the petition received an RFE from Officer XM2108 before approval was ultimately secured.

The applicant held a STEM bachelor's degree and demonstrated a substantial scholarly record consisting of 9 publications and 2,715 citations, with peer-reviewed work published as recently as 2022. The initial filing included 1 recommendation letter and 1 testimonial letter, while 1 additional recommendation letter and 3 testimonial letters were submitted as part of the RFE response.

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

#2: EB-1A in Regenerative Medicine - Tissue Engineering

This EB-1A approval involved a Postdoctoral Researcher in industry, born in Turkey and residing in the United States, who proposes to remain in the same employment. Filed in Regenerative Medicine - Tissue Engineering, the petition received an RFE from Officer XM1884 before approval was ultimately secured.

The applicant held a Ph.D. and demonstrated a substantial scholarly record consisting of 21 publications and 814 citations, with peer-reviewed work published as recently as 2022. The initial filing included 1 recommendation letter and 1 testimonial letter, while 3 additional testimonial 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 EB-1A approval after RFE review in a non-STEM field.

#3: EB-1A in Artificial Intelligence

This EB-1A approval involved a Research Scientist I in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Artificial Intelligence, the petition received an RFE from Officer XM2042 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 23 publications and 513 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 recommendation letters and no testimonial letters, while 1 additional recommendation letter was 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 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)

#4: NIW in Green Energy

This NIW approval involved a Ph.D. Student, born in China and residing in the United States, who proposes to work as a Researcher in industry. Filed in Green Energy, 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 25 publications and 321 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 with the RFE response.

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

#5: NIW in Materials Science

This NIW approval involved a Staff Engineer - Metals Implant DRAM in industry, born in Qatar 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 XM1910 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 25 publications and 1,584 citations, with peer-reviewed work published as recently as 2026. The filing included 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.

#6: NIW in Computer Science

This NIW approval involved a Member of Technical Staff in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Computer Science, the applicant secured approval through a refiled petition after the first NIW received an RFE from Officer XM2429 and was denied.

The applicant did not hold an advanced degree and claimed eligibility through the exceptional ability pathway. At filing, the applicant demonstrated a scholarly record consisting of 3 publications and 43 citations, with peer-reviewed work published as recently as 2023. The filing included 5 recommendation letters and no 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 under the exceptional ability pathway through a refiled petition following an RFE and denial of the initial NIW petition.

#7: NIW in Materials Science

This NIW approval involved a Graduate Student Researcher, born in Taiwan and residing in the United States, who proposes to work as a Research Scientist. Filed in Materials Science, the petition received an RFE from Officer XM0460 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 3 publications and 29 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 transferred from the Nebraska Service Center to the Texas Service Center with a premium processing upgrade.