A Request for Evidence, or RFE, is not a final adjudication outcome, but rather a more demanding stage of review in the I-140 adjudication process. An RFE generally indicates that the adjudicating officer requires a clearer articulation of eligibility, a stronger evidentiary connection between the applicant’s accomplishments and the governing legal standard, or additional clarification regarding the applicant’s proposed work and broader impact. When an applicant has encountered RFE review or denial in a separate petition category, the overall adjudicative history may become more complex, especially when multiple immigrant classifications are involved.

The following success story highlights one I-140 NIW approval involving a petitioner who also pursued a separate EB-1A petition after the NIW filing. While the NIW petition ultimately secured approval, the later EB-1A petition received an RFE and was denied, reflecting the different evidentiary demands and adjudicative standards that may apply across employment-based immigrant petition categories.

Cases With Inherent Challenges

Separate EB-1A Filing After NIW Review

This approval involved an NIW petition that ultimately reached approval while a later EB-1A petition encountered heightened scrutiny and denial after RFE review. This procedural sequence adds complexity because the applicant pursued separate immigrant classifications, each requiring a distinct legal and evidentiary presentation.

Moderate Scholarly Profile with Strong Citation Activity

The approval also involved a research profile supported by 7 publications and 289 citations. While the publication count was not extensive, the citation record helped demonstrate independent reliance on the applicant’s work, making the overall evidentiary presentation important to the NIW adjudication.

NIW Approval After RFE (1)

#1: NIW in Engineering

This NIW approval involved a Postdoctoral Researcher, born in Malaysia and residing in the United States, who proposes to continue in the same role. Filed in Engineering, the applicant initially filed an NIW petition, followed by an EB1A petition. The NIW has been approved, while the EB1A has received an RFE from Officer XM2254 and was denied.

The applicant held a STEM Ph.D. and presented a credible scholarly profile consisting of 7 publications and 289 citations, with peer-reviewed work published as recently as 2023. The filing included two recommendation letters and proceeded without testimonial letters.

The NIW petition proceeded through the Nebraska Service Center with a premium processing upgrade during adjudication.

Notable: This approval is notable for securing NIW approval while a separate EB-1A petition filed later received RFE review and was ultimately denied.