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 undergoes additional scrutiny, and the adjudicating officer may request further documentation or clarification 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 12 NIW approvals involving RFE review or related adverse petition histories. Ten petitions underwent RFE review, while two approvals involved refiled NIW petitions following earlier RFEs and denials. Several cases presented circumstances that added complexity to adjudication, including related adverse petition histories, multiple service center transfers, limited or no supporting letters, the submission of substantial additional evidence in response to an RFE, and applicants pursuing eligibility through the exceptional ability pathway rather than relying on an advanced degree.

Cases With Inherent Challenges

Related Petition Histories Involving RFE Review and Denial

Three approvals involved applicants with significant adverse petition histories. One applicant had a related EB-1A petition that received an RFE and was denied, while two applicants pursued new NIW filings after their first NIW petitions received RFEs and were denied. One of those refiled NIW petitions also received an RFE before ultimately being approved. Such circumstances add complexity because the current petition must independently establish eligibility under the applicable legal standard while maintaining a clear and consistent evidentiary record in light of issues raised during earlier adjudications.

Multiple Service Center Transfers

Seven petitions underwent multiple transfers between the Nebraska Service Center and the Texas Service Center during adjudication. Such procedural movements can add administrative complexity because the evidentiary record must remain logically structured, internally consistent, and responsive throughout review across different service center operations.

Exceptional Ability Without an Advanced Degree

Two approvals involved applicants who pursued eligibility through the exceptional ability pathway rather than relying on an advanced degree. These cases involved additional considerations because the overall evidentiary record needed to establish the applicants’ qualifications under the applicable requirements.

NIW Approvals After RFE (12)

#1: NIW in Computer Science

This NIW approval involved a Data Scientist in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Computer Science, the applicant initially filed an NIW petition, followed by an EB-1A petition. The NIW has been approved, while the EB-1A received an RFE from Officer XM1452 and was denied.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 12 publications and 369 citations, with peer-reviewed work published as recently as 2025. The petition proceeded without any supporting letters.

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

Notable: This approval is notable for securing NIW approval without recommendation or testimonial letters despite a related EB-1A petition receiving an RFE and being denied.

#2: NIW in Computer Vision

This NIW approval involved a Ph.D. student (Research Programmer), born in China and residing in the United States, who proposes to work as a Research Programmer. Filed in Computer Vision, the petition received an RFE from Officer XM2055 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 7 publications and 138 citations, with peer-reviewed work published as recently as 2026. The initial filing included 1 recommendation letter and 1 testimonial letter, while 3 additional recommendation letters were submitted as part of the RFE response.

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

#3: NIW in Computer Science

This NIW approval involved a Deep Learning Biometrics Scientist in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Computer Science, the petition received an RFE from Officer XM2175 before approval was secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 8 publications and 278 citations, with peer-reviewed work published as recently as 2024. The initial filing was supported by 4 recommendation letters and no testimonial letters, while 5 additional recommendation letters were submitted with the RFE response.

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 undergoing multiple service center transfers.

#4: NIW in Electrical 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 an Engineer in industry. Filed in Electrical Engineering, the petition received an RFE from Officer XM1040 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 5 publications and 60 citations, with peer-reviewed work published as recently as 2025. The initial petition proceeded without supporting letters, while 4 recommendation letters were subsequently submitted as part of the RFE response.

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

#5: NIW in Aviation Technologies

This NIW approval involved a Director of Research in industry, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Aviation Technologies, the petition received an RFE from Officer XM2513 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 8 publications and 37 citations, with peer-reviewed work published as recently as 2025. The initial filing was supported by 2 recommendation letters and no testimonial letters, while 5 additional recommendation letters were submitted with the RFE response.

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

#6: NIW in Cardiovascular Medicine

This NIW approval involved a Resident at Graduate Level II, born in Egypt and residing in the United States, who proposes to remain in the same employment. Filed in Cardiovascular Medicine, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held an M.B.B.Ch. degree and demonstrated a scholarly record consisting of 7 publications and 26 citations, with peer-reviewed work published as recently as 2025. The initial filing included 2 testimonial letters and no recommendation letters, while 4 recommendation letters were submitted as part of the RFE response.

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 in a non-STEM field while undergoing multiple service center transfers.

#7: NIW in Computer Science

This NIW approval involved a Graduate Assistant, born in China and residing in the United States, who proposes to work as a Research Scientist. Filed in Computer Science, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant did not hold an advanced degree and qualified through the exceptional ability pathway. At filing, the scholarly record consisted of 5 publications and 76 citations, with peer-reviewed work published as recently as 2026. The initial filing included 2 testimonial letters and no recommendation letters, while 2 recommendation letters were submitted with the RFE response.

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 NIW approval after RFE review in a non-STEM field and through the exceptional ability pathway while undergoing multiple service center transfers.

#8: NIW in Additive Manufacturing

This NIW approval involved a Ph.D. student (Research Assistant), born in Nepal and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Additive Manufacturing, the petition received an RFE from Officer XM2358 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a substantial scholarly record consisting of 13 publications and 508 citations, with peer-reviewed work published as recently as 2025. The initial filing included 2 recommendation letters and no testimonial letters, while 4 additional recommendation letters were submitted with the RFE response.

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 undergoing multiple service center transfers.

#9: NIW in Quantum-Secure and Trustworthy Computing

This NIW approval involved a Research Assistant Professor, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Quantum-Secure and Trustworthy Computing, the petition received an RFE from Officer XM2545 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 15 publications and 205 citations, with peer-reviewed work published as recently as 2025. The initial petition proceeded without any supporting letters, while 2 testimonial letters were submitted as part of the RFE response.

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

#10: NIW in Electrical and Computer Engineering

This NIW approval involved a Ph.D. student (Graduate Research / Teaching Assistant), born in Nepal and residing in the United States, who proposes to work as a Research Scientist in industry. Filed in Electrical and Computer Engineering, the petition received an RFE from Officer XM2294 before approval was ultimately secured.

The applicant did not hold an advanced degree and qualified through the exceptional ability pathway. At filing, the scholarly record consisted of 7 publications and 20 citations, with peer-reviewed work published as recently as 2024. The initial petition proceeded without any supporting letters, while 4 recommendation letters were submitted with the RFE response.

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

Notable: This approval is notable for securing NIW approval after RFE review through the exceptional ability pathway.

#11: NIW in High-Performance Computing

This NIW approval involved a Research Scientist in industry, born in Pakistan and residing in the United States, who proposes to work as a Staff Scientist - Agents for Science. Filed in High-Performance Computing, the applicant secured approval through a refiled petition after the first NIW received an RFE from Officer XM2556 and was denied.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 7 publications and 64 citations, with peer-reviewed work published as recently as 2025. The petition 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 NIW approval through a refiled petition after the applicant’s first NIW received an RFE and was denied.

#12: NIW in Transportation Systems Engineering

This NIW approval involved a Transportation System Modeler, born in Nepal and residing in the United States, who proposes to remain in the same employment. Filed in Transportation Systems Engineering, the applicant’s first NIW petition received an RFE from Officer XM2072 and was denied, while the refiled NIW subsequently received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 7 publications and 63 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 4 recommendation letters and no testimonial letters, while 3 additional recommendation letters were submitted as part of the RFE response.

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 a refiled NIW approval after RFE review while undergoing multiple service center transfers, despite an earlier NIW petition receiving an RFE and being denied.