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. A Notice of Intent to Deny (NOID) can present an additional adjudicative challenge by notifying an applicant that USCIS intends to deny a petition unless the identified concerns are adequately addressed. Successfully navigating heightened review requires an evidentiary record that remains organized, internally consistent, and directly responsive to the concerns raised during adjudication.

The following success stories highlight 14 NIW I-140 approvals involving RFE review or a related adverse petition history. Several cases presented circumstances that added complexity to adjudication, including prior NIW denials following RFE or NOID review and subsequent refiling, multiple service center transfers, applicants residing outside the United States, non-STEM cases, an applicant qualifying through the exceptional ability pathway without an advanced degree, and petitions adjudicated without premium processing.

Cases With Inherent Challenges

Prior Denial Followed by Refiling

Two applicants secured NIW approval through refiled petitions after their earlier NIW petitions were denied. One applicant’s first NIW petition received an RFE before denial, while the other applicant’s first NIW petition received a NOID before denial. Such histories can add complexity because each refiled petition must independently establish eligibility under the applicable NIW standard despite the adverse outcome of the earlier petition.

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.

Applicants Residing Outside the United States

Three approvals involved applicants who were residing outside the United States, including applicants in the United Kingdom, Turkey, and Nigeria. These petitions ultimately secured approval after RFE review or a prior denial and refiling, showing that residing outside the United States did not prevent the petitions from being approved.

NIW Approvals After RFE or NOID (14)

#1: NIW in Machine Learning

This NIW approval involved a Software Engineer in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Machine Learning, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 3 publications and 77 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without any supporting letters, while 2 recommendation letters were submitted with the RFE response.

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

#2: NIW in Computer Science

This NIW approval involved a Ph.D. student (Graduate Student Researcher), born in Iran and residing in the United States, who proposes to work as a Senior Member of Technical Staff in industry. Filed in Computer Science, 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 4 publications and 16 citations, with peer-reviewed work published as recently as 2023. The initial filing included 4 recommendation letters and no testimonial letters, while 4 additional recommendation letters and 1 testimonial letter were submitted as part of the RFE response.

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

#3: NIW in Acoustic Devices

This NIW approval involved a Postdoctoral Associate, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Acoustic Devices, the petition received an RFE from Officer XM2418 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 9 publications and 250 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without any supporting letters, while 2 recommendation letters were submitted with the RFE response.

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

#4: NIW in Medicinal Chemistry

This NIW approval involved a Senior Scientist I in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Medicinal Chemistry, the petition received an RFE from Officer XM2149 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a substantial scholarly record consisting of 15 publications and 289 citations, with peer-reviewed work published as recently as 2023. The initial filing included 4 recommendation letters and no testimonial letters, while the RFE response included 1 additional recommendation letter and 2 testimonial letters.

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.

#5: NIW in Materials Science

This NIW approval involved a Vertical-Cavity Surface-Emitting Laser (VCSEL) Chip Design Engineer in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Materials Science, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 6 publications and 166 citations, with peer-reviewed work published as recently as 2023. The initial filing included 4 recommendation letters and no testimonial letters, while 9 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.

#6: NIW in Computer Science

This NIW approval involved a Senior Performance Analyst in industry, born in China and residing in the United Kingdom, who proposes to work as a High-Speed Interconnect Architect in industry. Filed in Computer Science, the petition received an RFE from Officer XM2416 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 6 publications and 81 citations, with peer-reviewed work published as recently as 2020. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 2 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 the applicant was residing outside the United States and undergoing multiple service center transfers.

#7: NIW in Pulmonary Medicine

This NIW approval involved a Ph.D. student (Pre-Doctoral Research Assistant), born in Pakistan and residing in the United States, who proposes to work as a Postdoctoral Fellow/Research Scientist. Filed in Pulmonary Medicine, the petition received an RFE from Officer XM1989 before approval was ultimately secured.

The applicant held an M.B.B.S. degree and demonstrated a scholarly record consisting of 2 publications and 11 citations, with peer-reviewed work published as recently as 2023. The initial filing proceeded without recommendation letters and included 2 testimonial letters, while 5 recommendation letters and 1 additional testimonial letter were submitted with the RFE response.

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

#8: NIW in Biomedical Engineering

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 Senior Scientist, Research and Development in industry. Filed in Biomedical Engineering, the petition received an RFE from the Nebraska Service Center before approval was ultimately secured.

The applicant had no advanced degree and qualified through the exceptional ability pathway, demonstrating a scholarly record consisting of 8 publications and 162 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without any supporting letters, while 3 recommendation letters were submitted with 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 a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review through the exceptional ability pathway while undergoing multiple service center transfers.

#9: NIW in Surgery

This NIW approval involved a Professor of Surgery, born and residing in Turkey, who proposes to work as a Researcher. Filed in Surgery, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held an M.D. degree and demonstrated an extensive scholarly record consisting of 95 publications and 591 citations, with peer-reviewed work published as recently as 2023. The initial filing included 2 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 Texas Service Center without premium processing and was approved in 949 days.

Notable: This approval is notable for securing NIW approval after RFE review in a non-STEM field while the applicant was residing outside the United States.

#10: NIW in Architecture

This NIW approval involved a Professor, born and residing in Nigeria, who proposes to work as an Assistant Professor of Architecture. Filed in Architecture, the applicant secured approval through a refiled petition after the first NIW petition received an RFE from Officer XM1423 and was denied.

The applicant held a Ph.D. and demonstrated an extensive scholarly record consisting of 69 publications and 263 citations, with peer-reviewed work published as recently as 2023. The petition included 4 recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Texas Service Center without premium processing and was approved in 964 days.

Notable: This approval is notable for securing NIW approval through a refiled petition in a non-STEM field after the first NIW petition received an RFE and was denied, while the applicant was residing outside the United States.

#11: NIW in Computer Science

This NIW approval involved a Ph.D. student, born in China and residing in the United States, who proposes to work as a Postdoctoral Research Fellow in Computer Science Specialized for Robotics & Artificial Intelligence. Filed in Computer Science, the applicant’s first NIW petition received an NOID from Officer EX0590 and was denied, while the refiled petition received an RFE from Officer XM2486 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated a substantial scholarly record consisting of 6 publications and 332 citations, with peer-reviewed work published as recently as 2023. The petition included 2 recommendation letters and 1 testimonial letter, while 3 additional recommendation letters were submitted with the RFE response.

The refiled 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 through a refiled petition after RFE review and multiple service center transfers, following the applicant’s first NIW petition receiving an NOID and being denied.

#12: NIW in Real-World Evidence

This NIW approval involved a Senior Manager, Real-World Evidence Analytics in industry, born in Taiwan and residing in the United States, who proposes to remain in the same employment. Filed in Real-World Evidence, the petition received an RFE from Officer XM2260 before approval was ultimately secured.

The applicant held a STEM master’s degree and demonstrated an extensive scholarly record consisting of 13 publications and 712 citations, with peer-reviewed work published as recently as 2024. The initial filing proceeded without any supporting 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 a premium processing upgrade.

Notable: This approval is notable for securing NIW approval after RFE review while undergoing multiple service center transfers.

#13: NIW in Environmental Science

This NIW approval involved a Research Analyst, born in Bangladesh and residing in the United States, who proposes to remain in the same employment. Filed in Environmental Science, 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 6 publications and 39 citations, with peer-reviewed work published as recently as 2023. The initial filing proceeded without any supporting letters, while 3 recommendation letters and 2 testimonial 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.

#14: NIW in Neuropathology

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

The applicant held an M.D. degree and demonstrated a scholarly record consisting of 3 publications and 216 citations, with peer-reviewed work published as recently as 2019. The filing proceeded without any supporting letters.

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 without recommendation or testimonial letters while undergoing multiple service center transfers.