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 7 NIW I-140 approvals after RFE review. Several cases presented circumstances that added complexity to adjudication, including multiple service center transfers, a non-STEM academic background, and petitions initially filed without recommendation or testimonial letters.

Cases With Inherent Challenges

Multiple Service Center Transfers

Two petitions underwent multiple 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.

Non-STEM Academic Background

One approval involved an applicant holding a non-STEM academic degree. This case demonstrates that a non-STEM academic background does not necessarily prevent successful adjudication after an RFE, provided that the applicant's qualifications, professional contributions, and supporting evidence satisfy the applicable immigration standards.

NIW Approvals After RFE (7)

#1: NIW in Physics of Complex Systems

This NIW approval involved a Ph.D. Student (Research Assistant), born in China and residing in the United States, who proposes to work as a Research Fellow. Filed in Physics of Complex Systems, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 5 publications and 57 citations, with peer-reviewed work published as recently as 2026. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 3 recommendation letters were 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 while undergoing multiple service center transfers.

#2: NIW in Cellular and Molecular Neuroscience

This NIW approval involved a Postdoctoral Fellow, born in Bangladesh and residing in the United States, who proposes to remain in the same employment. Filed in Cellular and Molecular Neuroscience, the petition received an RFE from Officer XM2175 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 12 publications and 200 citations, with peer-reviewed work published as recently as 2025. The filing included 2 recommendation letters and no testimonial letters.

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

#3: NIW in Oral Pathology

This NIW approval involved a General Practice House Staff member, born in Brazil and residing in the United States, who proposes to work as a PGY1 Resident. Filed in Oral Pathology, the petition received an RFE from Officer XM2378 before approval was ultimately secured.

The applicant held a B.D.S. degree and demonstrated a scholarly record consisting of 6 publications and 50 citations, with peer-reviewed work published as recently as 2026. The initial filing included 1 recommendation letter and 3 testimonial letters, while 2 additional 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.

#4: NIW in Computer Science

This NIW approval involved a Research Scientist in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Computer Science, the petition received an RFE from Officer NSC0850 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 20 publications and 393 citations, with peer-reviewed work published as recently as 2024. The initial filing included 4 recommendation letters and no testimonial letters, while 1 testimonial letter was submitted as part of the RFE response.

The petition was adjudicated through the Nebraska Service Center with upfront premium processing.

#5: NIW in Geographical Sciences

This NIW approval involved a Ph.D. Student (Graduate Research Assistant), born in Bangladesh and residing in the United States, who proposes to work as a Research Scientist in industry. Filed in Geographical Sciences, the petition received an RFE from Officer XM2052 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 11 publications and 136 citations, with peer-reviewed work published as recently as 2025. The initial petition proceeded without any supporting letters, while 3 recommendation letters were submitted as part of the RFE response.

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

#6: NIW in Artificial Intelligence

This NIW approval involved a Ph.D. Student (Graduate Assistant), born in India and residing in the United States, who proposes to work as a Research Scientist in industry. Filed in Artificial Intelligence, the petition received an RFE from Officer XM2084 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 9 publications and 648 citations, with peer-reviewed work published as recently as 2025. The initial petition proceeded without any supporting letters, while 1 testimonial letter was 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.

#7: NIW in Digital Design Engineering

This NIW approval involved an FPGA Engineer in industry, born in Egypt and residing in the United States, who proposes to remain in the same employment. Filed in Digital Design Engineering, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 7 publications and 25 citations, with peer-reviewed work published as recently as 2025. The initial filing included 4 recommendation letters and no testimonial letters, while 2 additional recommendation letters were submitted as part of the RFE response.

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