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 nine I-140 approvals secured after RFE review. These approvals include five EB-1A petitions and four NIW petitions. One EB-1A approval followed an earlier EB-1A petition that received an RFE and was 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

One EB-1A approval involved a refiled EB-1A petition after an earlier EB-1A petition received an RFE and was denied. The refiled petition therefore needed to independently establish eligibility under the extraordinary ability standard while presenting a persuasive evidentiary record despite the prior adverse adjudication.

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 one petition was approved without either recommendation letters or testimonial letters. In that case, adjudication depended more heavily on objective evidence, including the applicant’s publication record, citation impact, recent scholarly contributions, and documented professional accomplishments.

EB-1A Approvals After RFE (5)

#1: EB-1A in Cardiovascular Disease

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

The applicant held a Ph.D. and demonstrated a scholarly record consisting of 11 publications and 192 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 4 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 a premium processing upgrade.

Notable: This approval is notable for securing EB-1A approval after RFE review in a non-STEM field while undergoing multiple service center transfers.

#2: EB-1A in Physics

This EB-1A approval involved an Associate Research Scientist, born in Turkey and residing in the United States, who proposes to remain in the same employment. Filed in Physics, the petition received an RFE from Officer XM1982 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an exceptional scholarly record consisting of 110 publications and 2,275 citations, with peer-reviewed work published as recently as 2024. 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 EB-1A approval after RFE review without recommendation or testimonial letters.

#3: EB-1A in Cardiology

This EB-1A approval involved a Postdoctoral Research Fellow, born in Pakistan and residing in the United States, who proposes to remain in the same employment. Filed in Cardiology, the petition received an RFE from Officer XM1642 before approval was ultimately secured.

The applicant held a STEM M.B.B.S. degree and demonstrated an extensive scholarly record consisting of 53 publications and 795 citations, with peer-reviewed work published as recently as 2026. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

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

#4: EB-1A in Biotechnology

This EB-1A approval involved an Associate Specialist, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Biotechnology, the petition received an RFE from Officer XM0389 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 16 publications and 593 citations, with peer-reviewed work published as recently as 2026. The filing was supported by 4 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 upfront premium processing.

Notable: This approval is notable for securing EB-1A approval after RFE review while undergoing multiple service center transfers.

#5: EB-1A in Cybersecurity

This EB-1A approval involved a Senior Manager, Software Development & Engineering Senior in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Cybersecurity, the applicant secured approval through a refiled EB-1A petition after the first EB-1A petition received an RFE from Officer XM2212 and was denied.

The applicant held a STEM bachelor's degree and demonstrated a strong scholarly record consisting of 17 publications and 606 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 6 recommendation letters and proceeded without testimonial letters.

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

Notable: This approval is notable for securing EB-1A approval through a refiled petition after an earlier EB-1A petition received an RFE and was denied. 

NIW Approvals After RFE (4)

#6: NIW in Plasma Physics

This NIW approval involved a Plasma Physicist, born in Egypt and residing in the United States, who proposes to work as a Postdoctoral Fellow. Filed in Plasma Physics, the petition received an RFE from Officer XM2175 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 12 publications and 62 citations, with peer-reviewed work published as recently as 2024. 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. 

#7: NIW in Neuroscience

This NIW approval involved a Research Associate, born in Ecuador and residing in the United States, who proposes to remain in the same employment. Filed in Neuroscience, the petition received an RFE from Officer XM2616 before approval was ultimately secured.

The applicant held an M.D. degree and demonstrated an extensive scholarly record consisting of 32 publications and 653 citations, with peer-reviewed work published as recently as 2024. 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.

#8: NIW in Electronic Materials Engineering

This NIW approval involved a Senior Engineer in industry, born and residing in Taiwan, who proposes to work as a Senior Test and Validation Engineer. Filed in Electronic Materials Engineering, the petition received an RFE from Officer XM2366 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 7 publications and 210 citations, with peer-reviewed work published as recently as 2020. 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 residing outside the United States and undergoing multiple service center transfers.

#9: NIW in Mechanical Engineering

This NIW approval involved a Materials Development Engineer in industry, born in Bangladesh and residing in Canada, who proposes to work as a Postdoctoral Researcher. Filed in Mechanical 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 strong scholarly record consisting of 20 publications and 542 citations, with peer-reviewed work published as recently as 2025. 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 residing outside the United States and undergoing multiple service center transfers.