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 5 NIW I-140 approvals after RFE review. Several cases presented circumstances that added complexity to adjudication, including an applicant without an advanced degree who claimed eligibility through exceptional ability and a bachelor's degree plus at least five years of progressive work experience pathway, multiple service center transfers, and a petition that initially proceeded without supporting letters.

Cases With Inherent Challenges

Applicant Without an Advanced Degree

One applicant did not hold an advanced degree and claimed eligibility through both exceptional ability and a bachelor's degree plus at least five years of progressive work experience. This case presented additional complexity because the applicant's qualifications and supporting evidence needed to establish eligibility under the applicable NIW classification without relying on an advanced degree.

Multiple Service Center Transfers

Several petitions underwent 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.

NIW Approvals After RFE (5)

#1: NIW in Biomaterial

This NIW approval involved a Ph.D. Student, born in China and residing in the United States, who proposes to work as an Assistant Professor. Filed in Biomaterial, the petition received an RFE from Officer XM1452 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 10 publications and 85 citations, with peer-reviewed work published as recently as 2023. The initial filing included 1 recommendation letter and no testimonial letters, while 3 additional recommendation letters were submitted with the RFE response.

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

#2: NIW in Cancer Immunotherapy

This NIW approval involved a Research Associate, born in South Korea and residing in the United States, who proposes to remain in the same employment. Filed in Cancer Immunotherapy, the petition received an RFE from Officer XM2030 before approval was ultimately secured.

The applicant did not hold an advanced degree and claimed eligibility through both the exceptional ability pathway and a bachelor's degree plus at least five years of progressive experience. At filing, the applicant demonstrated a scholarly record consisting of 7 publications and 44 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 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 upfront premium processing.

Notable: This approval is notable for securing NIW approval after RFE review through the exceptional ability pathway and a bachelor's degree plus at least five years of progressive work experience while also undergoing multiple service center transfers.

#3: NIW in Physics

This NIW approval involved a Ph.D. Student (Research Assistant & Teaching Assistant), born in Pakistan and residing in the United States, who proposes to work as a Research Scientist. Filed in Physics, 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 4 publications and 33 citations, with peer-reviewed work published as recently as 2024. The initial filing included 4 recommendation letters and no testimonial letters, while 3 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.

#4: NIW in Artificial Intelligence

This NIW approval involved a Ph.D. Student / Graduate Research Assistant, born in Vietnam and residing in the United States, who proposes to work as a Research Scientist. Filed in Artificial Intelligence, the petition received an RFE from Officer XM2115 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a scholarly record consisting of 7 publications and 78 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without any supporting letters, while 4 recommendation letters were submitted as part of the RFE response.

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

#5: NIW in Microbiology

This NIW approval involved a Postdoctoral Associate, born in Thailand and residing in the United States, who proposes to work as a Research Microbiologist. Filed in Microbiology, the petition received an RFE from Officer XM2616 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 10 publications and 91 citations, with peer-reviewed work published as recently as 2024. The initial filing included 4 recommendation letters and no testimonial letters, while 3 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.