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, consisting of 3 EB-1A approvals and 4 NIW approvals. Several cases presented circumstances that added complexity to adjudication, including multiple service center transfers, a non-STEM academic background, applicants with relatively modest scholarly records, petitions initially filed without recommendation or testimonial letters, and an extended adjudication period without premium processing.

Cases With Inherent Challenges

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.

Non-STEM Academic Background

One approval involved an applicant holding a non-STEM academic degree in a medical field. This case demonstrates that a non-STEM academic background does not necessarily prevent an applicant from qualifying for employment-based immigration benefits, provided that the applicant's qualifications and supporting evidence satisfy the applicable eligibility requirements.

EB-1A Approvals After RFE (3)

#1: EB-1A in Artificial Intelligence / Machine Learning for Science and Engineering

This EB-1A approval involved a Postdoctoral Researcher, born in China and residing in the United States, who proposes to work as a Senior Staff Data Scientist – Enterprise Artificial Intelligence in industry. Filed in Artificial Intelligence / Machine Learning for Science and 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 substantial scholarly record consisting of 49 publications and 1,533 citations, with peer-reviewed work published as recently as 2025. The initial filing included 6 recommendation letters and no testimonial letters, while 3 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 EB-1A approval after RFE review while undergoing multiple service center transfers.

#2: EB-1A in Artificial Intelligence

This EB-1A approval involved a Machine Learning Engineer 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 the Texas Service Center before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a substantial scholarly record consisting of 4 publications and 793 citations, with peer-reviewed work published as recently as 2024. The filing included 6 recommendation letters and no 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 Neuroscience

This EB-1A approval involved an Application Scientist in industry, born in the Netherlands and residing in the United States, who proposes to remain in the same employment. Filed in Neuroscience, the petition received an RFE from Officer XM0132 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 10 publications and 468 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 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 Texas Service Center with upfront premium processing.

NIW Approvals After RFE (4)

#4: NIW in Microbiology

This NIW approval involved a Postdoctoral Associate, born in Egypt and residing in the United States, who proposes to remain in the same employment. Filed in Microbiology, the petition received an RFE from Officer XM1969 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 20 publications and 183 citations, with peer-reviewed work published as recently as 2024. The initial petition proceeded without any supporting letters, while 3 recommendation letters were submitted with the RFE response.

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

#5: NIW in Computational Neuroscience

This NIW approval involved a Postdoctoral Associate in Computer Biology, born in Taiwan and residing in the United States, who proposes to remain in the same employment. Filed in Computational Neuroscience, the petition received an RFE from Officer XM1910 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 7 publications and 179 citations, with peer-reviewed work published as recently as 2025. The initial filing included 1 recommendation letter and 1 testimonial letter, while 3 additional recommendation letters were submitted as part of the RFE response.

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

#6: NIW in Pharmaceutical Sciences

This NIW approval involved a Ph.D. Student (Research Assistant), born in Nepal and residing in the United States, who proposes to work as a Postdoctoral Research Fellow. Filed in Pharmaceutical Sciences, 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 11 publications and 7 citations, with peer-reviewed work published as recently as 2024. The initial petition proceeded without any supporting letters, while 2 recommendation letters and 1 testimonial letter were submitted with the RFE response.

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

#7: NIW in Cardiology

This NIW approval involved a Cardiology Fellow, born in the United Kingdom and residing in the United States, who proposes to remain in the same employment. Filed in Cardiology, the petition received an RFE from Officer XM2554 before approval was ultimately secured.

The applicant held an MBBS degree and demonstrated a scholarly record consisting of 38 publications and 33 citations, with peer-reviewed work published as recently as 2024. The filing included 4 recommendation letters and no testimonial letters.

The petition was adjudicated through the Texas Service Center without premium processing and was approved after 830 days.

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