A Request for Evidence, or RFE, represents a more demanding stage of adjudication in the I-140 immigration process rather than a final denial outcome. Once an RFE is issued, the petition must withstand heightened scrutiny while clearly demonstrating eligibility under the applicable legal framework. This often requires a more precise connection between the applicant’s scholarly achievements, professional trajectory, proposed work, and the broader significance of the field in which the applicant operates.

The following success stories highlight three NIW approvals achieved after RFE review. These cases involved procedural transfers between service centers, premium processing upgrades during adjudication, and approvals across multiple STEM disciplines with varying scholarly profiles. Together, they demonstrate that favorable outcomes remain achievable even after intensified adjudicative review and evolving procedural circumstances.

Cases With Inherent Challenges

Procedural Transfers Between Service Centers

Two approvals involved petitions that moved between the Nebraska Service Center and the Texas Service Center before final adjudication. Such transfers increase procedural complexity because the petition must remain internally consistent and persuasive while being reviewed across different adjudicative environments and officer perspectives.

Varied Scholarly Profiles Under NIW Review

The cases also reflected differing scholarly profiles, ranging from developing citation histories to more established publication records with several hundred citations. These approvals demonstrate that successful outcomes after RFE review depend not only on numerical metrics, but also on the coherence of the evidentiary presentation and the alignment between the applicant’s expertise and proposed endeavor.

NIW Approvals After RFE (3)

#1: NIW in Computational Mechanics

This NIW approval involved a Research Associate, born in Vietnam and residing in the United States, who proposes to continue in the same role. Filed in Computational Mechanics, the petition received an RFE from the Texas Service Center before approval was ultimately secured.
 

The applicant held a STEM Ph.D. and presented a scholarly profile consisting of 11 publications and 34 citations, including peer-reviewed work published as recently as 2024. The filing included four recommendation letters and proceeded without testimonial letters.

The adjudication involved procedural transfers from the Nebraska Service Center to the Texas Service Center and later back to the Nebraska Service Center with a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review despite multiple procedural transfers between service centers.

#2: NIW in Biomedical Science

This NIW approval involved a Postdoctoral Research Associate, born in Nepal and residing in the United States, who proposes to continue in the same role. Filed in Biomedical Science, the petition received an RFE from Officer XM2479 before approval was ultimately achieved.

The applicant held a STEM Ph.D. and presented a substantial scholarly profile consisting of 15 publications and 373 citations, with peer-reviewed work published as recently as 2024. The filing included two recommendation letters and proceeded without testimonial letters.

The adjudication involved procedural transfers between the Nebraska Service Center and the Texas Service Center before the case returned to the Nebraska Service Center with a premium processing upgrade during adjudication.

Notable: This approval is notable for securing NIW approval after RFE review despite multiple procedural transfers between service centers.

#3: NIW in Experimental Biology

This NIW approval involved a Postdoctoral Associate, born in Brazil and residing in the United States, who proposes to continue in the same role. Filed in Experimental Biology, the petition received an RFE from Officer XM2055 before approval was ultimately secured.

The applicant held a STEM Ph.D. and presented a strong scholarly profile consisting of 22 publications and 448 citations, including peer-reviewed work published as recently as 2023. The filing included two recommendation letters and proceeded without testimonial letters.

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