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 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 well-organized record that remains consistent, responsive, and sufficiently detailed to address the concerns raised during adjudication.

The following success stories highlight five I-140 approvals secured after RFE review, prior denial, or withdrawal history. These approvals include four EB-1A petitions and one NIW petition involving applicants working in STEM fields such as animal science, water resources engineering, language technologies, bioinformatics, and renewable energy. Several cases involved refiled petitions following earlier RFEs, denials, or withdrawals, while one approval also involved multiple service center transfers before final adjudication.

Cases With Inherent Challenges

Prior Denial or Withdrawal Before Refiled Approval

Several approvals involved applicants whose earlier EB-1A or NIW petitions received RFEs and were ultimately denied or withdrawn before a later petition secured approval. A prior denial or withdrawal requires the subsequent filing to address the applicant’s qualifications with particular clarity and to present the record in a way that supports approval despite earlier adverse adjudication.

Multiple Service Center Transfers

One approval involved a petition that was transferred from the Texas Service Center to the Nebraska Service Center and then back to the Texas Service Center. Cases involving multiple transfers may be reviewed by different adjudicative teams, making consistency in the evidentiary record especially important.

EB-1A Approvals After RFE (4)

#1: EB-1A in Animal Science

This EB-1A approval involved a Postdoctoral Scholar from China residing in the United States who proposes to continue in the same employment. Filed in Animal Science, the petition received an RFE from Officer NSC0272 before ultimately securing approval.

The applicant held a Ph.D. and demonstrated a substantial STEM research record consisting of 32 publications and 1,191 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The case was being transferred 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 also undergoing multiple service center transfers during adjudication.

#2: EB-1A in Water Resources Engineering

This EB-1A approval involved a Research Assistant Professor from India residing in the United States who proposes to continue in the same role. Filed in Water Resources Engineering, the case followed a complex filing history in which the first EB-1A petition received an RFE from Officer TSC1861 and was withdrawn, the second EB-1A petition received an RFE from Officer XM1291 and was also withdrawn, and the third EB-1A petition received an RFE from Officer NSC0150 before ultimately securing approval.

The applicant held a Ph.D. and presented a STEM research profile consisting of 15 publications and 788 citations, with peer-reviewed work published as recently as 2023. The petition was supported by 6 recommendation letters and proceeded without testimonial letters.

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

Notable: This approval is notable for securing EB-1A approval after two earlier EB-1A petitions received RFEs and were withdrawn, followed by another RFE in the successful refiled petition.

#3: EB-1A in Language Technologies

This EB-1A approval involved a Part-Time Researcher in industry from China residing in the United States who proposes to continue in the same role. Filed in Language Technologies, the applicant’s first EB-1A petition received an RFE from Officer XM2534 and was denied before the refiled EB-1A petition ultimately secured approval.

The applicant held a Ph.D. and demonstrated an extensive STEM research record consisting of 42 publications and 12,612 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

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

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

#4: EB-1A in Bioinformatics

This EB-1A approval involved a Scientist I - Data Science in industry from China residing in the United States who proposes to continue in the same employment. Filed in Bioinformatics, the applicant’s first EB-1A petition received an RFE from Officer XM2212 and was denied before the refiled EB-1A petition ultimately reached approval.

The applicant held a Ph.D. and established a STEM research profile consisting of 15 publications and 420 citations, with peer-reviewed work published as recently as 2025. The filing included 6 recommendation letters and no testimonial letters.

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

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

NIW Approval After RFE (1)

#5: NIW in Renewable Energy

This NIW approval involved an Energy Modeling and Advanced Technology Team Lead from Nepal residing in the United States who proposes to continue in the same employment. Filed in Renewable Energy, the applicant’s first NIW petition received an RFE from Officer XM2616 and was denied before the refiled NIW petition ultimately secured approval.

The applicant held a Ph.D. and demonstrated a STEM research record consisting of 11 publications and 214 citations, with peer-reviewed work published as recently as 2023. The petition was supported by 5 recommendation letters and proceeded without testimonial letters.

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

Notable: This approval is notable for securing NIW approval after a prior NIW petition received an RFE and was denied.