A Request for Evidence (RFE) represents one of the more demanding stages of adjudication in the employment-based immigration process. Once USCIS issues an RFE, the petition undergoes additional scrutiny, and the adjudicating officer may seek further documentation 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 responsive to the issues raised during review.

The following success stories highlight 9 I-140 approvals involving RFE review or related adverse petition history. These approvals include 2 EB-1A petitions and 7 NIW petitions. Several cases involved circumstances that added complexity to adjudication, multiple service center transfers, petitions without recommendation or testimonial letters, non-STEM fields, and an applicant residing outside the United States.

Cases With Inherent Challenges

Related Adverse Petition History

Two approvals involved related petition histories that included RFEs or denials. Such histories can add complexity because each filing must independently establish eligibility under its applicable legal standard while maintaining a clear, consistent, and well-supported evidentiary record.

Multiple Service Center Transfers

Two petitions underwent multiple service center transfers before final adjudication, moving between the Nebraska Service Center and Texas Service Center. Such procedural movement can add complexity because the evidentiary record must remain logically structured, internally consistent, and persuasive throughout review by different service center operations.

Limited or No Supporting Letters

A few petitions proceeded without recommendation or testimonial letters, while others relied on a limited number of supporting letters. In these circumstances, the evidentiary record relied more heavily on objective indicators such as academic credentials, publication records, citation impact, and professional or research experience to document the applicants’ qualifications.

EB-1A Approvals After RFE (2)

#1: EB-1A in Medicine and Health

This EB-1A approval involved a Postdoctoral Scholar - Research Associate, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Medicine and Health, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held an M.D. and demonstrated an extensive scholarly record of 7 publications and 979 citations, with peer-reviewed work published as recently as 2026. The filing was supported by 2 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 EB-1A approval after RFE review in a non-STEM field.

#2: EB-1A in Organic Chemistry

This EB-1A approval involved a Postdoc Research Associate, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Organic Chemistry, the applicant’s first EB-1A petition received an RFE from Officer XM1957 and was denied, while the refiled EB-1A petition subsequently received an RFE from Officer XM1884 before approval was ultimately secured.

The applicant held a STEM Ph.D. and established a substantial scholarly record consisting of 8 publications and 482 citations, with peer-reviewed work published as recently as 2025. The petition was supported by 3 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 a refiled EB-1A approval after RFE review despite an earlier EB-1A petition receiving an RFE and being denied.

NIW Approvals After RFE (7)

#3: NIW in Precision Immuno-Oncology

This NIW approval involved a Postdoctoral Fellow, born in China and residing in the United States, who proposes to work as an Assistant Professor. Filed in Precision Immuno-Oncology, the applicant initially filed an NIW petition, followed by an EB-1A petition. The NIW has been approved, while the EB-1A has received an RFE from the Nebraska Service Center.

The applicant held a Ph.D. and demonstrated an extensive scholarly record consisting of 16 publications and 630 citations, with peer-reviewed work published as recently as 2024. The NIW filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The NIW petition was adjudicated through the Nebraska Service Center without premium processing and was approved in 910 days.

Notable: This approval is notable for securing NIW approval in a non-STEM field while a related EB-1A petition had received an RFE.

#4: NIW in Microbiology

This NIW approval involved a Postdoctoral Fellow, born in Germany and residing in the United States, who proposes to remain in the same employment. Filed in Microbiology, 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 3 publications and 82 citations, with peer-reviewed work published as recently as 2020. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

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

#5: NIW in Transportation Engineering

This NIW approval involved a Research Scholar, born in Iran and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Transportation 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 5 publications and 47 citations, with peer-reviewed work published as recently as 2024. The petition 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.

#6: NIW in Computer Science

This NIW approval involved a Ph.D. student, born in Iran and residing in the United States, who proposes to work as a Postdoctoral Associate. Filed in Computer Science, the petition received an RFE from Officer EX0850 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 4 publications and 94 citations, with peer-reviewed work published as recently as 2025. The petition proceeded without any supporting letters.

The adjudication involved transfers 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 NIW approval after RFE review without recommendation or testimonial letters while undergoing multiple service center transfers.

#7: NIW in Cancer Research

This NIW approval involved a Research Fellow, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Cancer Research, the petition received an RFE from Officer XM2149 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 38 publications and 888 citations, with peer-reviewed work published as recently as 2025. The petition 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.

#8: NIW in Civil Engineering

This NIW approval involved a Ph.D. student (Graduate Research Assistant), born in Nepal and residing in the United States, who proposes to work as an Assistant Professor. Filed in Civil Engineering, the petition received an RFE from Officer XM2367 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a substantial scholarly record consisting of 26 publications and 311 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without recommendation letters and was supported by 2 testimonial letters.

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.

#9: NIW in Applied Machine Learning

This NIW approval involved a Senior Recommender Systems Engineer in industry, born and residing in China, who proposes to work as a Machine Learning Scientist. Filed in Applied Machine Learning, the petition received an RFE from Officer XM2055 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a substantial scholarly record consisting of 11 publications and 196 citations, with peer-reviewed work published as recently as 2025. The petition proceeded without any supporting letters.

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

Notable: This approval is notable for securing NIW approval after RFE review without recommendation or testimonial letters while the applicant was residing outside the United States.