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, the petition enters a heightened level of review and the adjudicating officer seeks additional clarification, stronger supporting evidence, or a more persuasive explanation demonstrating how the beneficiary satisfies the applicable immigration standard. Successfully navigating this stage requires a well-organized evidentiary record that remains internally consistent and responsive to the concerns raised during adjudication.

The following success stories highlight five I-140 approvals secured after RFE review, including two EB-1A petitions and three NIW petitions. These cases involved researchers, faculty members, and industry professionals working across a diverse range of disciplines. Several approvals featured service center transfers, lengthy adjudication periods, and applicants residing outside the United States, illustrating the variety of circumstances under which successful outcomes may be achieved following enhanced scrutiny.

Cases With Inherent Challenges

Multiple Service Center Transfers

One approval involved a petition that moved between the Nebraska Service Center and the Texas Service Center before returning to the original service center for final adjudication. Cases that undergo multiple transfers may be reviewed by different officers and adjudicative teams, making consistency and clarity throughout the record particularly important.

Lengthy Adjudication Periods Without Premium Processing

One approval was secured after more than two years of adjudication without premium processing. Petitions that remain pending for extended periods often require the evidentiary record to remain persuasive despite prolonged review timelines and changing adjudicative circumstances.

Internationally Based Applicants

One approval involved an applicant who was residing outside the United States at the time of adjudication. Petitions filed on behalf of applicants abroad must still establish eligibility under the applicable immigration standard while demonstrating the significance of the proposed future work.

EB-1A Approvals After RFE (2)

#1: EB-1A in Geography

This EB-1A approval involved an Assistant Professor from China residing in the United States who proposes to continue in the same position. Filed in Geography, the petition received an RFE from Officer XM1884 before ultimately securing approval.

The applicant held a Ph.D. and demonstrated an extensive scholarly record consisting of 40 publications and 3,177 citations, with peer-reviewed research published as recently as 2025. The case 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.

#2: EB-1A in Pharmacy

This EB-1A approval involved a Research Scientist from India residing in the United States who proposes to continue in the same role. Filed in Pharmacy, the petition received an RFE from Officer XM2272 before ultimately reaching approval.

The applicant held a Ph.D. and established a substantial scholarly profile consisting of 72 publications and 1,968 citations. The record included peer-reviewed work published as recently as 2025, was supported by 4 recommendation letters and proceeded without testimonial letters.

The case went through multiple service center transfers, bouncing from the Nebraska Service Center to the Texas Service Center, and later returned 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 during adjudication.

NIW Approvals After RFE (3)

#3: NIW in Artificial Intelligence

This NIW approval involved a Ph.D. student from China residing in the United States who proposes to work as a Postdoctoral Researcher. Filed in Artificial Intelligence, the petition received an RFE from the Texas Service Center before ultimately securing approval.

The applicant held a Ph.D. and demonstrated a strong scholarly profile consisting of 8 publications and 1,315 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 2 recommendation letters and no testimonial letters.

The petition was adjudicated through the Texas Service Center without premium processing and was approved after 737 days of review.

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

#4: NIW in Wood Science

This NIW approval involved a Wood Scientist from Nepal residing in the United States who proposes to continue in the same role. Filed in Wood Science, the petition received an RFE from the Texas Service Center before ultimately being approved.

The applicant held a Ph.D. and presented a developing scholarly profile consisting of 6 publications and 21 citations, with the most recent peer-reviewed publication appearing in 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.

#5: NIW in Public Health

This NIW approval involved a Ph.D. student from Pakistan residing in Pakistan who proposes to work as an Assistant Professor. Filed in Public Health, the petition received an RFE from Officer EX5133 before ultimately securing approval.

The applicant held a master’s degree and established a developing scholarly record consisting of 4 publications and 28 citations with peer-reviewed work published as recently as 2024. The case 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 after RFE review while the applicant was residing outside the United States.