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 4 NIW I-140 approvals after RFE review. Several cases presented circumstances that added complexity to adjudication, including petitions filed in non-STEM fields, multiple service center transfers, applicants with relatively modest publication or citation records, and a petition that initially proceeded without supporting letters.

Cases With Inherent Challenges

Petitions Filed in Non-STEM Fields

Two approvals involved applicants in non-STEM fields, specifically Applied Microeconomics and Economics. These cases highlight the importance of establishing eligibility under the NIW framework through the significance of the proposed endeavor and the applicant's qualifications.

Multiple Service Center Transfers

Two petitions underwent multiple transfers between the Texas Service Center and the Nebraska 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.

NIW Approvals After RFE (4)

#1: NIW in Applied Microeconomics

This NIW approval involved a Research Analyst, born in South Korea and residing in the United States, who proposes to remain in the same employment. Filed in Applied Microeconomics, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a Ph.D. and demonstrated a substantial scholarly record consisting of 15 publications and 46 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 recommendation letters and 1 testimonial letter, while 5 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 upfront premium processing.

Notable: This approval is notable for securing NIW approval after RFE review in a non-STEM field while undergoing multiple service center transfers.

#2: NIW in Economics

This NIW approval involved a Postdoctoral Associate, born in Vietnam and residing in the United States, who proposes to remain in the same employment. Filed in Economics, the petition received an RFE from Officer TSC2294 before approval was ultimately secured.

The applicant held a Ph.D. and demonstrated a scholarly record consisting of 7 publications and 25 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without recommendation letters and included 4 testimonial letters, while 4 recommendation letters were 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 in a non-STEM field.

#3: NIW in Chemical Engineering

This NIW approval involved a Research Assistant, born in Bangladesh and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Chemical Engineering, the petition received an RFE from Officer XM2294 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 3 publications and 20 citations, with peer-reviewed work published as recently as 2023. The initial filing proceeded without any supporting letters, while 3 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.

#4: NIW in Mechanical Engineering

This NIW approval involved an HPC Application Specialist, born in Bangladesh and residing in the United States, who proposes to remain in the same employment. Filed in Mechanical 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 5 publications and 28 citations, with peer-reviewed work published as recently as 2022. The initial filing included 2 recommendation letters and no testimonial letters, while 2 additional recommendation letters were submitted with 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.