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 2 I-140 NIW approvals after RFE review. These cases presented circumstances that added complexity to adjudication, including a service center transfer and applicants with relatively modest citation records.

Cases With Inherent Challenges

Relatively Modest Citation Records

Both approvals involved applicants with relatively modest citation records, including 21 citations and 32 citations. While citation counts may serve as indicators of scholarly recognition, they are not the sole determining factor in NIW adjudication. These cases demonstrate that applicants with modest citation records can still secure approval when their qualifications and supporting evidence sufficiently establish eligibility under the applicable immigration standard.

NIW Approvals After RFE (2)

#1: NIW in Crop Production

This NIW approval involved an applicant born in Brazil and residing in the United States who proposes to work as a Research Scientist. Filed in Crop Production, 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 scholarly record consisting of 24 publications and 21 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while 3 additional recommendation letters were submitted as part of the RFE response.

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

#2: NIW in Civil Engineering

This NIW approval involved a Graduate Research Assistant, born in Bangladesh and residing in the United States, who proposes to work as a Researcher in industry. Filed in Civil Engineering, the petition received an RFE from Officer XH2622 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 8 publications and 32 citations, with peer-reviewed work published as recently as 2024. The initial filing included 2 recommendation letters and no testimonial letters, while 1 testimonial letter was submitted with the RFE response.

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