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 16 NIW I-140 approvals after RFE review. Several cases presented circumstances that added complexity to adjudication, including multiple service center transfers, applicants residing outside the United States, a non-STEM field, an applicant without an advanced degree, applicants with relatively modest scholarly records, and petitions initially filed without recommendation or testimonial letters.

Cases With Inherent Challenges

Multiple Service Center Transfers

Several petitions underwent multiple transfers between the Nebraska Service Center and the Texas Service Center during adjudication. 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.

Applicants Residing Outside the United States

Two approvals involved applicants residing outside the United States at the time of adjudication. These cases demonstrate that residence abroad does not necessarily prevent successful adjudication, provided that the petition satisfies the applicable eligibility requirements and adequately addresses the concerns raised in the RFE.

Petition Without Any Supporting Letters

One petition secured approval after RFE review without submitting any recommendation or testimonial letters. This case demonstrates that approval remains possible without supporting letters when the other evidence presented sufficiently establishes the applicant's eligibility under the applicable immigration standard.

NIW Approvals After RFE (16)

#1: NIW in Biomedical Science

This NIW approval involved a Research Assistant, born in China and residing in the United States, who proposes to work as a Bioinformatics Scientist. Filed in Biomedical Science, the petition received an RFE from Officer XM2031 before approval was ultimately secured.

The applicant held an MBBS degree and demonstrated a scholarly record consisting of 4 publications and 55 citations, with peer-reviewed work published as recently as 2023. The initial petition proceeded without any supporting letters, while 6 recommendation letters were submitted as part of 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 in a non-STEM field.

#2: NIW in Electrical and Electronics Engineering

This NIW approval involved a Postdoctoral Research Scientist, born in Iran and residing in the United States, who proposes to remain in the same employment. Filed in Electrical and Electronics Engineering, the petition received an RFE from Officer XM2069 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 11 publications and 729 citations, with peer-reviewed work published as recently as 2022. The initial petition proceeded without any supporting letters, while 3 recommendation letters were submitted with the RFE response.

The petition was adjudicated through the Texas Service Center without premium processing and was approved after 802 days.

#3: NIW in Solar Photovoltaic Systems

This NIW approval involved a Head of O&M Solar in industry, born and residing in Brazil, who proposes to work as a Solar O&M Director in industry. Filed in Solar Photovoltaic Systems, 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 8 publications and 44 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 recommendation letters and no testimonial letters, while 1 testimonial letter was 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 while the applicant was residing outside the United States.

#4: NIW in Electrical and Computer Engineering

This NIW approval involved a Postdoctoral Research Associate, born in Germany and residing in the United States, who proposes to work as an Assistant Professor. Filed in Electrical and Computer Engineering, the petition received an RFE from Officer XM2229 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 10 publications and 289 citations, with peer-reviewed work published as recently as 2023. The initial petition proceeded without any supporting letters, while 4 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 Aerospace Engineering

This NIW approval involved a Lead Engineer - Mechanical Component in industry, born in Nepal and residing in the United States, who proposes to remain in the same role. Filed in Aerospace Engineering, the petition received an RFE from Officer XM1910 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 proceeded without recommendation letters and included 2 testimonial letters, while 3 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.

#6: NIW in Cybersecurity

This NIW approval involved an Application Security Engineer in industry, born in Nigeria and residing in the United States, who proposes to remain in the same role. Filed in Cybersecurity, 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 5 publications and 30 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while 4 additional recommendation letters were submitted as part of the RFE response.

The petition underwent 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.

#7: NIW in Applied Machine Learning

This NIW approval involved a Research Assistant, born in Taiwan and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Applied Machine Learning, 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 5 publications and 128 citations, with peer-reviewed work published as recently as 2025. The filing proceeded without recommendation letters and included 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.

#8: NIW in Petroleum Engineering

This NIW approval involved a Ph.D. Student (Graduate Research Assistant), born in Algeria and residing in the United States, who proposes to work as a Postdoctoral Research Associate. Filed in Petroleum Engineering, the petition received an RFE from Officer XM1984 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 15 publications and 77 citations, with peer-reviewed work published as recently as 2024. The initial petition proceeded without any supporting letters, while 3 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.

#9: NIW in Civil and Environmental Engineering

This NIW approval involved a Graduate Research Assistant, born in Honduras and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Civil and Environmental Engineering, the petition received an RFE from Officer XM2229 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 7 publications and 94 citations, with peer-reviewed work published as recently as 2026. The initial filing included 2 recommendation letters and no testimonial letters, while 1 additional recommendation letter and 4 testimonial letters were submitted with the RFE response.

The petition was transferred from the Nebraska Service Center to the Texas Service Center with a premium processing upgrade.

#10: NIW in Human-Computer Interaction

This NIW approval involved a Ph.D. Student (Graduate Researcher), born in Portugal and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Human-Computer Interaction, 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 50 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 1 recommendation letter was submitted with the RFE response.

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

#11: NIW in Nanomedicine

This NIW approval involved a Postdoctoral Associate, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Nanomedicine, the petition received an RFE from Officer XM1771 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 24 publications and 980 citations, with peer-reviewed work published as recently as 2025. The initial petition proceeded without any supporting letters, while 4 recommendation letters were submitted as part of the RFE response.

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

#12: NIW in Molecular Genetics

This NIW approval involved an Oncology Portfolio Marketing Lead in industry, born and residing in Taiwan, who proposes to work as a Scientific Officer. Filed in Molecular Genetics, the petition received an RFE from Officer XM1906 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 5 publications and 206 citations, with peer-reviewed work published as recently as 2020. The initial filing included 1 recommendation letter and 1 testimonial letter, while 1 additional recommendation letter was 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 the applicant was residing outside the United States and undergoing multiple service center transfers.

#13: NIW in Biology

This NIW approval involved a Research Assistant, born in China and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Biology, the petition received an RFE from Officer XM2009 before approval was ultimately secured.

The applicant did not hold an advanced degree and claimed eligibility through the exceptional ability and the bachelor's degree plus at least five years of experience pathway. At filing, the applicant demonstrated a scholarly record consisting of 8 publications and 1,092 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 as part of the RFE response.

The petition was transferred from the Nebraska Service Center to 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 and the bachelor's degree plus at least five years of experience pathway.

#14: NIW in Optical Science

This NIW approval involved a Ph.D. Student (Research Assistant), born in Bangladesh and residing in the United States, who proposes to work as a Silicon Photonics Engineer in industry. Filed in Optical Science, the petition received an RFE from Officer XM2545 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 6 publications and 232 citations, with peer-reviewed work published as recently as 2022. The initial petition proceeded without any supporting letters, while 4 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.

#15: NIW in Neuroscience

This NIW approval involved a Research Associate, born in Portugal and residing in the United States, who proposes to remain in the same employment. Filed in Neuroscience, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 31 publications and 903 citations, with peer-reviewed work published as recently as 2024. The petition proceeded without any supporting 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 without recommendation and testimonial letters.

#16: NIW in Industrial Engineering

This NIW approval involved an Operations Research Analyst in industry, born in Bangladesh and residing in the United States, who proposes to remain in the same role. Filed in Industrial Engineering, the petition received an RFE from Officer XM2556 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 7 publications and 480 citations, with peer-reviewed work published as recently as 2025. The initial petition proceeded without any supporting letters, while 2 recommendation letters and 1 testimonial letter were submitted as part of the RFE response.

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