A Request for Evidence, or RFE, is not a final decision. In the I-140 context, it often means that the adjudicating officer required a clearer explanation of eligibility, a stronger evidentiary link between the applicant’s record and the legal standard, or a more persuasive presentation of the proposed work and its significance. These cases show that an RFE can introduce a more demanding stage of review, but approval remains possible when the petition continues to hold together under closer scrutiny.

The following three success stories involve NIW petitions that received RFEs and were later approved. Taken together, they reflect different forms of adjudicative complexity, including service center transfers, filings without supporting letters, long non-premium timelines, residence outside the United States, and officer-specific review that required the case to remain persuasive after additional scrutiny.

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Cases With Inherent Challenges

Review After an RFE

Each petition in this batch first received an RFE instead of being approved upon initial submission. Each filing had to remain legally and factually persuasive after the officer requested more support, which made the adjudication path more demanding than a straight approval.

Repeated Service Center Transfers Before Approval

Two of the three approved NIW cases were adjudicated through a transfer pattern from the Nebraska Service Center to the Texas Service Center and then back to Nebraska. That procedural history is notable because transferred cases often require the record to remain coherent across multiple stages of handling.

Approval Without Recommendation or Testimonial Letters

One of the approved cases proceeded without any supporting letters. In that matter, the evidentiary presentation rested more heavily on the applicant’s Ph.D., publication record, citation count, and continuing research role. That kind of evidentiary mix can attract closer scrutiny because the case does not rely on external letter support to frame the applicant’s influence or future value.

Filing From Outside the United States and a Long Non-Premium Processing Timeline

Another approval involved an applicant born and residing in Turkey at the time of adjudication. That same case was handled at the Texas Service Center without premium processing and took 780 days. Residence abroad can complicate how a case is presented, particularly where the filing must remain persuasive as to the applicant’s proposed U.S.-based endeavor, and a long non-premium timeline can further test the durability of the petition record.

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NIW Approvals After RFE (3)

#1: NIW in Biomedical Engineering

This NIW approval involved a Ph.D. candidate born in China and residing in the United States, who proposes to transition into a Machine Learning Scientist role in industry. The petition was filed in Biomedical Engineering and received an RFE from Officer XM1771 before approval. 

At the time of filing, the applicant held an M.S.E. and presented 11 publications with 109 citations, with the latest peer-reviewed publication dating to 2025.

Supported by two recommendation letters, with no testimonial letters submitted. The petition was adjudicated through a transfer sequence from the Nebraska Service Center to the Texas Service Center and then back to Nebraska with a premium processing upgrade.

Notable: This approval is notable for combining an RFE with a multi-step service center transfer history.

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#2: NIW in Chemistry

This case involved a Postdoctoral Research Associate born in Italy and residing in the United States, who proposes to remain in the same role. The NIW petition was filed in Chemistry and received an RFE from Officer XM2543 before approval. 

The applicant held a Ph.D. and presented 10 publications with 60 citations, with the latest peer reviewed publication dating to 2024.

No supporting letters were submitted. The case utilized a premium processing upgrade and also experienced a complex adjudicative path, moving from the Nebraska Service Center to the Texas Service Center and then back again to the Nebraska Service Center.

Notable: This approval is notable for securing NIW approval after an RFE without any recommendation letters or testimonial letters.

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#3: NIW in Internal Medicine and Hematology

This NIW approval involved an Associate Professor born and residing in Turkey, who proposed to work as a Professor of Hematologist and BMT Researcher. Filed in Internal Medicine and Hematology, the petition received an RFE from Officer XM2581 before approval.

The applicant held an M.D. and presented 27 publications with 222 citations, with the latest peer-reviewed publication dating to 2021.

The petition was supported by two recommendation letters, with no testimonial letters submitted. This case was adjudicated at the Texas Service Center without premium processing and took 780 days.

Notable: This approval is notable for being granted after an RFE, involving a non-STEM field applicant who was residing outside the United States at the time of filing.