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, a petition undergoes additional scrutiny, and further evidence or clarification may be requested regarding the applicant’s qualifications and eligibility under the applicable immigration standard. Successfully navigating this stage requires an evidentiary record that remains organized, internally consistent, and directly responsive to the concerns raised during review.

The following success stories highlight 10 NIW I-140 approvals involving RFE review. Several cases presented circumstances that added complexity to adjudication, including multiple service center transfers, non-STEM research, and petitions that initially proceeded with limited or no supporting letters.

Cases With Inherent Challenges

Multiple Service Center Transfers

Several petitions underwent transfers between the Nebraska Service Center, the Texas Service Center, and the Potomac Service Center. Such procedural movement can add administrative complexity because the evidentiary record must remain clearly organized and internally consistent throughout review across different service center operations.

Petition Without Supporting Letters

Four petitions proceeded without any recommendation or testimonial letters at the initial filing, while other cases included only a small number of supporting letters. Additional recommendation or testimonial letters were submitted with the RFE responses in these cases before the petitions ultimately secured approval after RFE review.

NIW Approvals After RFE (10)

#1: NIW in Robotics

This NIW approval involved an Associate Researcher in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Robotics, the petition received an RFE from Officer XM2420 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 19 publications and 459 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting letters, while the RFE response included 6 recommendation letters and 2 testimonial letters.

The petition underwent 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 NIW approval after RFE review while undergoing multiple service center transfers.

#2: NIW in Biomedical Data Science

This NIW approval involved a Master’s student (Global Burden of Disease (GBD) Senior Collaborator), born in Brazil and residing in the United States, who proposes to work as a Research Fellow. Filed in Biomedical Data Science, the petition received an RFE from Officer XM1910 before ultimately reaching approval.

The applicant held an M.D. degree and demonstrated a scholarly record consisting of 5 publications and 108 citations, with peer-reviewed work published as recently as 2025. The initial filing included 3 recommendation letters and 1 testimonial letter, while 1 additional recommendation letter was submitted as part of the RFE response.

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

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

#3: NIW in Materials Science

This NIW approval involved a Graduate Research Assistant, born in Russia and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Materials Science, the petition received an RFE from Officer XM1926 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 9 publications and 20 citations, with peer-reviewed work published as recently as 2024. The initial filing included 4 recommendation letters and no testimonial letters, while 2 additional recommendation letters were submitted with the RFE response.

The petition underwent 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.

#4: NIW in Semiconductors

This NIW approval involved a Senior Engineer Device Engineering in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Semiconductors, the petition received an RFE from Officer XM2294 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 8 publications and 106 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and 3 testimonial letters, while 2 additional recommendation letters were submitted as part of the RFE response.

The petition underwent 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.

#5: NIW in Mechanical Engineering

This NIW approval involved a Ph.D. student (Graduate Researcher), born in Bangladesh and residing in the United States, who proposes to work as a Computational Modeling Engineer in industry. Filed in Mechanical Engineering, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 7 publications and 39 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without any supporting letters, while 3 recommendation letters were submitted as part of the RFE response.

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

#6: NIW in Mechanical Engineering

This NIW approval involved a Mechanical Integrity Engineer in industry, born in Ukraine and residing in the United States, who proposes to remain in the same employment. Filed in Mechanical Engineering, the petition received an RFE from Officer XM1926 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 8 publications and 17 citations, with peer-reviewed work published as recently as 2024. The initial filing included 1 recommendation letter and 3 testimonial letters, while 1 additional recommendation letter was submitted with the RFE response.

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

#7: NIW in Information Technology

This NIW approval involved a Ph.D. student, born in Bangladesh and residing in the United States, who proposes to work as a Research Scientist—Artificial Intelligence & Algorithmic Innovations. Filed in Information Technology, the petition received an RFE from Officer XM2367 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a substantial scholarly record consisting of 18 publications and 282 citations, with peer-reviewed work published as recently as 2025. The initial filing included 1 recommendation letter and 1 testimonial letter, while 4 additional recommendation letters were submitted as part of the RFE response.

The petition underwent 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.

#8: NIW in Engineering

This NIW approval involved a Graduate Research Assistant, born in China and residing in the United States, who proposes to work as a Research Scientist in industry. Filed in Engineering, the petition received an RFE from Officer XM2024 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 10 publications and 65 citations, with peer-reviewed work published as recently as 2023. The initial filing proceeded without any supporting letters, while 5 recommendation letters were submitted with the RFE response.

The petition underwent transfers from the Nebraska Service Center to the Texas Service Center and then to the Potomac 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.

#9: NIW in Thermal Engineering

This NIW approval involved a Ph.D. student (Graduate Research Assistant), born in Bangladesh and residing in the United States, who proposes to work as a Process Technology Development Engineer in industry. Filed in Thermal 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 6 publications and 23 citations, with peer-reviewed work published as recently as 2021. The initial filing included 4 recommendation letters and no testimonial letters, while 4 additional recommendation letters and 1 testimonial letter were submitted as part of the RFE response.

The petition underwent transfers from the Nebraska Service Center to the Texas Service Center and then to the Potomac 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.

#10: NIW in Computational Engineering

This NIW approval involved a Graduate Student Researcher, born in China and residing in the United States, who proposes to work as a Systems Software Engineer in industry. Filed in Computational Engineering, the petition received an RFE from Officer XM2545 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a substantial scholarly record consisting of 11 publications and 1,486 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting letters, while 2 recommendation letters were submitted with the RFE response.

The petition underwent 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.