A Request for Evidence (RFE) represents one of the most demanding stages of adjudication in the employment-based immigration process. When USCIS issues an RFE, the petition enters a heightened level of review in which the adjudicating officer seeks additional clarification, stronger evidentiary support, or a more persuasive explanation connecting the applicant's accomplishments to the applicable immigration standard. Successfully navigating this stage requires a record that remains organized, internally consistent, and directly responsive to the concerns raised during adjudication.

The following success stories highlight 14 I-140 approvals secured after RFE review. These approvals include 3 EB-1A petitions and 11 NIW petitions. Three NIW approvals involved refiled petitions after earlier NIW petitions received RFEs and were denied, while several petitions underwent multiple service center transfers or proceeded with limited or no supporting letters. Together, these cases demonstrate that favorable outcomes remain achievable when the evidentiary record remains coherent, responsive, and aligned with the applicable legal standard.

Cases With Inherent Challenges

Prior Adverse Petition History

Several approvals involved prior adverse petition histories, including earlier petitions that received RFEs and were denied. In these cases, the approved filings needed to independently establish eligibility while presenting persuasive evidentiary records despite the earlier adverse adjudications.

Multiple Service Center Transfers

Several petitions were transferred between the Nebraska Service Center and the Texas Service Center before final adjudication. Such procedural movement can introduce additional complexity because the evidentiary record must remain well organized, internally consistent, and persuasive throughout review by different adjudicators.

Limited or No Supporting Letters

Several approvals proceeded without testimonial letters, and multiple petitions were approved without either recommendation letters or testimonial letters. In those cases, adjudication depended more heavily on objective evidence, including the applicants' publication records, citation impact, recent scholarly contributions, and documented professional accomplishments.

EB-1A Approvals After RFE (3)

#1: EB-1A in Machine Learning for Robotics

This EB-1A approval involved a Ph.D. candidate, born in South Korea and residing in the United States, who proposes to work as an Artificial Intelligence Research Scientist in industry. Filed in Machine Learning for Robotics, the applicant initially filed an NIW petition, followed by an EB1A petition. The EB-1A has been approved, while the NIW has received an RFE from Officer XM1986 and remains pending.

The applicant did not hold an advanced degree and qualified through the exceptional ability pathway. The filing presented an extensive scholarly record consisting of 26 publications and 3,436 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 upfront premium processing.

Notable: This approval is notable for securing EB-1A approval through the exceptional ability pathway after a related NIW petition received an RFE and remains pending.

#2: EB-1A in Nuclear Medicine

This EB-1A approval involved a Lead Radiochemist and Industry Partnership Lead, born in Pakistan and residing in the United States, who proposes to remain in the same employment. Filed in Nuclear Medicine, the petition received an RFE from Officer XM1258 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 33 publications and 2,025 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 6 recommendation letters and proceeded without 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 EB-1A approval after RFE review while undergoing multiple service center transfers.

#3: EB-1A in Radiochemistry

This EB-1A approval involved a Chemist, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Radiochemistry, 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 15 publications and 119 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 10 recommendation letters and proceeded without testimonial 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 EB-1A approval after RFE review while undergoing multiple service center transfers.

NIW Approvals After RFE (11)

#4: NIW in Biomedical Engineering

This NIW approval involved a Postdoctoral Research Associate, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Biomedical Engineering, the applicant initially filed an EB-1A petition, followed by an NIW petition. The NIW has been approved, while the EB-1A has received an RFE from Officer XM2263 and was denied.

The applicant held a STEM Ph.D. and demonstrated a strong scholarly record consisting of 27 publications and 871 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 4 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 NIW approval after an earlier EB-1A petition received an RFE and was denied.

#5: NIW in Power Electronics

This NIW approval involved a Power Electronics Test Engineer in industry, born in Lebanon and residing in the United States, who proposes to remain in the same employment. Filed in Power Electronics, the petition received an RFE from Officer XM1784 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 4 publications and 18 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 1 recommendation letter and 3 testimonial letters.

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

#6: NIW in Computer Science and Engineering

This NIW approval involved a Ph.D. student, born in Turkey and residing in the United States, who proposes to work as a Machine Learning Engineer in industry. Filed in Computer Science and Engineering, the petition received an RFE from Officer XM1911 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 12 publications and 87 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 2 recommendation letters and proceeded without 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.

#7: NIW in Watershed Science

This NIW approval involved a Ph.D. student, born in Iran and residing in the United States, who proposes to become an Environmental Scientist. Filed in Watershed Science, 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 scholarly record consisting of 15 publications and 103 citations, with peer-reviewed work published as recently as 2025. The filing 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 Biomedical Sciences

This NIW approval involved a Scientist in industry, born in South Korea and residing in the United States, who proposes to remain in the same employment. Filed in Biomedical Sciences, the applicant first filed an NIW petition, then filed a separate EB-1A petition. The NIW petition received an RFE from Officer XM1989 and was ultimately approved. The EB-1A petition also secured approval after receiving an RFE from Officer XM1706.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 17 publications and 230 citations, with peer-reviewed work published as recently as 2022. The filing was supported by 4 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 NIW approval after RFE review while the applicant also obtained EB-1A approval following RFE review before the NIW petition was approved. 

#9: NIW in Pharmaceutical Sciences

This NIW approval involved a Ph.D. student, born in Egypt and residing in the United States, who proposes to work as a Drug Discovery Scientist in industry. Filed in Pharmaceutical Sciences, the petition received an RFE from Officer XM1914 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 12 publications and 159 citations, with peer-reviewed work published as recently as 2023. The filing proceeded without any supporting 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 without recommendation or testimonial letters while undergoing multiple service center transfers.

#10: NIW in Artificial Intelligence

This NIW approval involved a Ph.D. candidate, born in Iran and residing in the United States, who proposes to work as a Research Scientist. Filed in Artificial Intelligence, the petition received an RFE from Officer XM2496 before approval was ultimately secured.

The applicant held a Ph.D. and demonstrated a scholarly record consisting of 3 publications and 41 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The petition was transferred from the Nebraska Service Center to the Texas Service Center without premium processing and was approved after 903 days.

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

#11: NIW in Medical Imaging

This NIW approval involved a Postdoctoral Associate, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Medical Imaging, the applicant secured approval through a refiled NIW petition after the first NIW petition received an RFE from Officer XM1889 and was denied.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 10 publications and 194 citations, with peer-reviewed work published as recently as 2026. The filing was supported by 3 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 NIW approval through a refiled petition after an earlier NIW petition received an RFE and was denied.

#12: NIW in Economics

This NIW approval involved an Assistant Professor, born in Vietnam and residing in the United States, who proposes to remain in the same employment. Filed in Economics, the applicant secured approval through a refiled NIW petition after the first NIW petition received an RFE from Officer XM2009 and was denied.

The applicant held a Ph.D. and demonstrated a scholarly record consisting of 5 publications and 23 citations, with peer-reviewed work published as recently as 2026. The filing was supported by 6 recommendation letters and 2 testimonial letters.

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

Notable: This approval is notable for securing NIW approval in a non-STEM field through a refiled petition after an earlier NIW petition received an RFE and was denied.

#13: NIW in Computer Science

This NIW approval involved a Software Engineer II in industry, born in India 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 NIW petition after the first NIW petition received an RFE from the Texas Service Center and was denied.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 5 publications and 1,134 citations, with peer-reviewed work published as recently as 2022. The filing was supported by 5 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 NIW approval through a refiled petition after an earlier NIW petition received an RFE and was denied.

#14: NIW in Artificial Intelligence

This NIW approval involved a Research Scientist 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 XM0460 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 11 publications and 430 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without any supporting 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 without recommendation or testimonial letters while undergoing multiple service center transfers.