A Request for Evidence (RFE) represents one of the more demanding stages of adjudication in the employment-based immigration process. Once USCIS issues an RFE, the petition undergoes additional scrutiny, and the adjudicating officer may seek 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 responsive to the issues raised during review.

The following success stories highlight 14 I-140 NIW approvals involving RFE review, including two petitions that were denied and then secured approval through appeal. Several cases involved circumstances that added complexity to adjudication, including multiple service center transfers, petitions without recommendation or testimonial letters, non-STEM fields, and applicants residing outside the United States.

Cases With Inherent Challenges

Related Adverse Adjudication History

Two NIW petitions received RFEs and were subsequently denied before approval was ultimately secured through appeal. A denial following RFE review presents an additional adjudicative challenge because the petition must address the grounds underlying the adverse decision and establish eligibility through the administrative review process.

Multiple Service Center Transfers

Several petitions underwent multiple service center transfers before final adjudication, moving between the Nebraska Service Center and Texas Service Center. Such procedural movement can add complexity because the evidentiary record must remain logically structured, internally consistent, and persuasive throughout review by different service center operations.

Limited or No Supporting Letters

Several petitions proceeded without recommendation or testimonial letters, while others relied on a limited number of supporting letters. In these circumstances, the evidentiary record relied more heavily on objective indicators such as academic credentials, publication records, citation impact, and professional or research experience to document the applicants’ qualifications.

Applicants Residing Outside the United States

Three approvals involved applicants residing outside the United States. Such circumstances can add another consideration to the overall case context, particularly when the applicant’s background, qualifications, and supporting evidence must be presented clearly and consistently to establish eligibility and demonstrate the national importance of the proposed endeavor.

NIW Approvals After RFE (14)

#1: NIW in Electrical Engineering

This NIW approval involved a Postdoctoral Scholar, born in South Korea and residing in the United States, who proposes to remain in the same employment. Filed in Electrical Engineering, the petition received an RFE from Officer XM2416 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 8 publications and 199 citations, with peer-reviewed work published as recently as 2023. The petition proceeded without any supporting letters.

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 without recommendation or testimonial letters while undergoing multiple service center transfers.

#2: NIW in Molecular and Computational Biology

This NIW approval involved a Postdoctoral Fellow, born in Vietnam and residing in the United States, who proposes to remain in the same employment. Filed in Molecular and Computational Biology, the petition 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 4 publications and 26 citations, with peer-reviewed work published as recently as 2024. 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 after RFE review without recommendation or testimonial letters.

#3: NIW in Ophthalmic Data Science Researcher

This NIW approval involved a Data Analyst, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Ophthalmic Data Science Researcher, the petition received an RFE from Officer XM1989 before approval was ultimately secured.

The applicant held a master’s degree and demonstrated a scholarly record consisting of 5 publications and 18 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 1 recommendation letter and 1 testimonial letter.

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 in a non-STEM field.

#4: NIW in Inorganic Chemistry

This NIW approval involved a Sales Manager in industry, born and residing in Iran, who proposes to work as a Research Associate. Filed in Inorganic Chemistry, the petition received an RFE from Officer XM2031 and was denied before approval was ultimately secured through appeal.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 34 publications and 422 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 4 recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Texas Service Center without premium processing and was approved in 1,128 days.

Notable: This approval is notable for securing NIW approval through appeal after an RFE and denial while the applicant was residing outside the United States.

#5: NIW in Materials Engineering

This NIW approval involved a Postdoctoral Researcher, born in Nepal and residing in South Korea, who proposes to work as a Materials Engineer. Filed in Materials Engineering, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 67 publications and 1,758 citations, with peer-reviewed work published as recently as 2020. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

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 the applicant was residing outside the United States and undergoing multiple service center transfers.

#6: NIW in Molecular Cancer Biology

This NIW approval involved a Postdoctoral Research Fellow, born in Nigeria and residing in the United States, who proposes to remain in the same employment. Filed in Molecular Cancer Biology, the petition received an RFE from Officer XM2513 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 19 publications and 136 citations, with peer-reviewed work published as recently as 2023. The petition proceeded without any supporting letters.

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 without recommendation or testimonial letters while undergoing multiple service center transfers.

#7: NIW in Speech Processing With Deep Learning Methods

This NIW approval involved a Ph.D. student (Graduate Research Assistant), born in China and residing in the United States, who proposes to work as a Research Scientist in industry. Filed in Speech Processing with Deep Learning Methods, the petition received an RFE from Officer XM1910 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 8 publications and 71 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

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.

#8: NIW in Artificial Intelligence

This NIW approval involved a Software Development Engineer in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Artificial Intelligence, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 9 publications and 179 citations, with peer-reviewed work published as recently as 2024. The petition proceeded without any supporting letters.

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 without recommendation or testimonial letters while undergoing multiple service center transfers.

#9: NIW in Electrical Engineering

This NIW approval involved a Research Scientist, born and residing in Saudi Arabia, who proposes to work as an Assistant Professor. Filed in Electrical Engineering, the petition received an RFE from Officer XM1784 and was denied before approval was ultimately secured through appeal.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 42 publications and 791 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Texas Service Center without premium processing and was approved in 1,230 days.

Notable: This approval is notable for securing NIW approval through appeal after an RFE and denial while the applicant was residing outside the United States.

#10: NIW in Organizational Leadership

This NIW approval involved a Postdoctoral Associate, born in Lebanon and residing in the United States, who proposes to remain in the same employment. Filed in Organizational Leadership, the petition received an RFE from Officer EX0822 before approval was ultimately secured.

The applicant held a Ph.D. and demonstrated a scholarly record consisting of 10 publications and 57 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 4 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 in a non-STEM field.

#11: NIW in History

This NIW approval involved an Assistant Professor, born in Turkey and residing in the United States, who proposes to remain in the same employment. Filed in History, the petition received an RFE from Officer XM2294 before approval was ultimately secured.

The applicant held a Ph.D. and demonstrated a substantial scholarly record consisting of 18 publications and 74 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without recommendation letters and was supported by 2 testimonial letters.

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 in a non-STEM field.

#12: NIW in Biotechnology

This NIW approval involved an Assistant Research Scientist, born in India and residing in the United States, who proposes to remain in the same employment. Filed in Biotechnology, the petition received an RFE from Officer XM2560 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 5 publications and 85 citations, with peer-reviewed work published as recently as 2024. The filing proceeded without recommendation letters and was supported by 2 testimonial letters.

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.

#13: NIW in Advanced Functional Nanomaterials

This NIW approval involved a Staff Volunteer, born in China and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Advanced Functional Nanomaterials, the petition received an RFE from Officer XM2416 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 42 publications and 3,525 citations, with peer-reviewed work published as recently as 2025. The petition proceeded without any supporting letters.

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 without recommendation or testimonial letters while undergoing multiple service center transfers.

#14: NIW in Food Science

This NIW approval involved a PhD student (Graduate Research Assistant), born in South Korea and residing in the United States, who proposes to work as a Researcher. Filed in Food Science, the petition received an RFE from Officer EX5080 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 3 publications and 14 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

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