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 8 NIW I-140 approvals after RFE review. Several cases presented circumstances that added complexity to adjudication, including a related EB-1A petition denial, multiple service center transfers, applicants residing outside the United States, applicants with relatively modest scholarly records, petitions initially filed without recommendation or testimonial letters, and an extended adjudication period without premium processing.

Cases With Inherent Challenges

Related Adverse Adjudication History

One NIW approval involved an applicant whose related EB-1A petition received an RFE and was subsequently denied. This circumstance added complexity because the NIW petition needed to independently demonstrate eligibility under the applicable national interest waiver standard despite the earlier unfavorable adjudication outcome in a different employment-based category.

Multiple Service Center Transfers

Three 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.

Applicant Residing Outside the United States

Two approvals involved applicants residing outside the United States at the time of adjudication. This circumstance highlights that residence abroad does not necessarily prevent successful adjudication, provided that the petition demonstrates eligibility under the applicable immigration standard.

NIW Approvals After RFE (8)

#1: NIW in Synthetic Chemistry

This NIW approval involved a Postdoctoral Associate, born in Hong Kong SAR and residing in the United States, who proposes to remain in the same employment. Filed in Synthetic Chemistry, the applicant initially filed an NIW petition, followed by an EB-1A petition. The NIW has been approved, while the EB-1A has received an RFE from Officer XM0024 and was subsequently denied.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 12 publications and 390 citations, with peer-reviewed work published as recently as 2024. The filing included 2 recommendation letters and no testimonial letters.

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

Notable: This approval is notable for securing NIW approval despite a related EB-1A petition receiving an RFE and being denied.

#2: NIW in Civil and Environmental Engineering

This NIW approval involved a Postdoctoral Fellow, born in Pakistan and residing in Hong Kong SAR, who proposes to work as an Assistant Professor. Filed in Civil and Environmental Engineering, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 22 publications and 243 citations, with peer-reviewed work published as recently as 2024. The initial petition proceeded without any supporting letters, while 5 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 a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review while the applicant was residing outside the United States and undergoing multiple service center transfers.

#3: NIW in Chemical Biology

This NIW approval involved a Graduate Research Assistant, born in Bangladesh and residing in the United States, who proposes to work as an Assistant Professor. Filed in Chemical Biology, the petition received an RFE from Officer XM2420 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 8 publications and 64 citations, with peer-reviewed work published as recently as 2023. The initial petition proceeded without any supporting letters, while 3 recommendation letters and 1 testimonial letter were submitted with 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 Plant Pathology

This NIW approval involved a Postdoctoral Associate, born in Malaysia and residing in the United States, who proposes to remain in the same employment. Filed in Plant Pathology, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a relatively limited scholarly record consisting of 2 publications and 2 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 upfront premium processing.

#5: NIW in Biostatistics

This NIW approval involved a Ph.D. Student (Graduate Research/Teaching Assistant), born in Bangladesh and residing in the United States, who proposes to work as a Volunteer Research Assistant / Assistant Professor in Biostatistics. Filed in Biostatistics, the petition received an RFE from Officer XM2416 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a relatively limited scholarly record consisting of 3 publications and 7 citations, with peer-reviewed work published as recently as 2025. The initial filing included 2 recommendation letters and 3 testimonial letters, while 4 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.

#6: NIW in Natural Language Processing

This NIW approval involved a Ph.D. Student (Graduate Research Assistant), born in India and residing in the United States, who proposes to work as a Machine Learning Engineer in industry. Filed in Natural Language Processing, the petition received an RFE from Officer XM2229 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 15 publications and 349 citations, with peer-reviewed work published as recently as 2025. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 4 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.

#7: NIW in Computer Engineering

This NIW approval involved a Graduate Research Assistant, born in Bangladesh and residing in the United States, who proposes to work as a Postdoctoral Research Associate in industry. Filed in Computer Engineering, the petition received an RFE from Officer XM1771 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 16 publications and 239 citations, with peer-reviewed work published as recently as 2025. The initial petition proceeded without any supporting letters, while 3 recommendation letters were submitted with the RFE response.

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

#8: NIW in Ophthalmology

This NIW approval involved an Ophthalmologist, born and residing in China, who proposes to work as an Assistant Professor. Filed in Ophthalmology, the petition received an RFE from Officer XM1761 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 49 publications and 767 citations, with peer-reviewed work published as recently as 2024. The initial petition proceeded without any supporting letters, while 2 recommendation letters were submitted as part of the RFE response.

The petition was adjudicated through the Texas Service Center without premium processing and was approved in 827 days.

Notable: This approval is notable for securing NIW approval after RFE review while the applicant was residing outside the United States.