A Request for Evidence (RFE) represents one of the more demanding stages of adjudication in the employment-based immigration process. Once USCIS issues an RFE, the petition undergoes additional scrutiny, and the adjudicating officer may seek further documentation or clarification 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 responsive to the issues raised during review.

The following success stories highlight 9 I-140 NIW approvals secured after RFE review. Several involved circumstances that added complexity to adjudication, including multiple service center transfers, petitions without recommendation or testimonial letters, an applicant residing outside the United States, a non-STEM field, and a related EB-1A petition that also underwent RFE review.

Cases With Inherent Challenges

No Recommendation or Testimonial Letters

Four petitions proceeded without recommendation or testimonial letters. In these cases, the evidentiary record relied on other objective indicators of the applicants’ qualifications and scholarly influence, including academic credentials, publication records, citation impact, and professional or research experience.

Multiple Service Center Transfers

Several petitions underwent multiple service center transfers before final adjudication, moving between the Nebraska Service Center and Texas Service Center. Such procedural movement can add complexity because the petitions must remain logically structured, internally consistent, and persuasive throughout review by different service center operations.

Related Petition History

One applicant had a related EB-1A petition that received an RFE before being approved. Related petition histories can add complexity because each filing must establish eligibility under its applicable legal standard while maintaining a clear and consistent evidentiary record.

NIW Approvals After RFE (9)

#1: NIW in Food Science

This NIW approval involved a Postdoctoral Fellow, born in Iran and residing in Canada, who proposes to work as a Researcher. Filed in Food Science, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated an extensive scholarly record consisting of 24 publications and 355 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The petition was adjudicated through the Texas Service Center without premium processing and was approved in 910 days.

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

#2: NIW in Computer Science

This NIW approval involved a PhD candidate (Research Assistant), born in Pakistan and residing in the United States, who proposes to work as a Postdoctoral Researcher. Filed in Computer 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 had authored 3 publications that accumulated 21 citations, with peer-reviewed work published as recently as 2024. The petition proceeded without any supporting letters.

The adjudication involved 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.

#3: NIW in Biomedical Devices

This NIW approval involved an R&D Engineer II in industry, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Biomedical Devices, 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 5 publications and 28 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

The adjudication involved 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 Chemical Biology

This NIW approval involved a PhD candidate (Teaching Assistant), born in Ethiopia and residing in the United States, who proposes to work as a Post-doctoral Researcher. Filed in Chemical Biology, the petition received an RFE from Officer XM5010 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record of 5 publications and 23 citations, with peer-reviewed work published as recently as 2025. The filing was supported by 2 recommendation letters with no testimonial letters.

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

#5: NIW in Nonlinear Spectroscopy

This NIW approval involved a Postdoctoral Scholar, born in Taiwan and residing in the United States, who proposes to remain in the same employment. Filed in Nonlinear Spectroscopy, the applicant initially filed an NIW petition, followed by an EB-1A petition. Both the NIW and EB-1A petitions received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a particularly substantial scholarly record consisting of 32 publications and 1,309 citations, with peer-reviewed work published as recently as 2026. The petition proceeded without any supporting letters.

The adjudication involved 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 and multiple service center transfers while a related EB-1A petition had received an RFE.

#6: NIW in Materials Science and Engineering

This NIW approval involved a Research Associate Physics, born in Nepal and residing in the United States, who proposes to remain in the same employment. Filed in Materials Science and Engineering, the petition received an RFE from the Texas Service Center before approval was ultimately secured.

The applicant held a STEM Ph.D. and established a scholarly record consisting of 5 publications and 91 citations, with peer-reviewed work published as recently as 2023. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

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

#7: NIW in Artificial Intelligence

This NIW approval involved a PhD Candidate (Research Assistant), born in the Republic of Korea 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 XM1989 before approval was ultimately secured.

The applicant held a STEM master's degree and demonstrated a scholarly record consisting of 5 publications and 108 citations, with peer-reviewed work published as recently as 2024. The petition proceeded without any supporting letters.

The adjudication involved 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.

#8: NIW in Statistical Genomics

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 Statistical Genomics, the petition received an RFE from Officer XM1973 before approval was ultimately secured.

The applicant held a STEM Ph.D. and demonstrated a scholarly record consisting of 5 publications and 39 citations, with peer-reviewed work published as recently as 2024. The filing was supported by 2 recommendation letters and proceeded without testimonial letters.

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

#9: NIW in Translation Studies

This NIW approval involved an Assistant Professor, born in China and residing in the United States, who proposes to remain in the same employment. Filed in Translation Studies, the petition received an RFE from Officer XM2042 before approval was ultimately secured.

The applicant held a Ph.D. and demonstrated a substantial scholarly record consisting of 15 publications and 197 citations, with peer-reviewed work published as recently as 2024. The petition proceeded without any supporting letters.

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

Notable: This approval is notable for securing NIW approval after RFE review in a non-STEM field without recommendation or testimonial letters.