Recently, the Nebraska Service Center (NSC) issued many I-140 notices with a Request for Evidence (RFE). The American Immigration Lawyer Association (AILA) has met with the NSC to discuss this issue. The following are tips on I-140 RFEs issued by the NSC:
1. With rare exceptions, the NSC allows 42 days from the date the RFE is issued for the petitioner to respond. More importantly, it does not permit any time extensions. A RFE due date is fixed, and there are no exceptions to this rule.
2. If a petitioner fails to respond to a RFE, the NSC will usually deny the petition as “abandoned.”
3. Although it is standard practice for the NSC to send an I-140 RFE to both the petitioning employer and the attorney of record, sometimes neither party receives the RFE. The first indication of a problem then occurs when the attorney receives a denial notice. In this case, the attorney can request the NSC to reopen the case because it was never received – documentary proof of non-receipt is not possible. The NSC has reopened I-140 cases where the attorney of record has, in a timely manner, reported the problem through AILA’s liaison meeting with the NSC.
4. In order to avoid non-receipt of RFEs, the attorneys and petitioners should sign up with the USCIS Case Status Service for email notification on changes to online status for each I-140 filed. When an RFE is issued, the online status message will be changed to reflect this event and an email will automatically be sent to the attorney. Attorneys and petitioners need to report change of addresses to USCIS immediately.
It is reported that the NSC recently issued many RFEs on I-140 petitions, especially on NIW and EB-1 cases. Some demand more proof demonstrating the applicant’s contributions and achievements. Another common RFE requests proof of the petitioner’s academic work in the form of influences or citations. Some RFEs are very harsh. Although it is indeed disappointing to receiving a RFE, it does not mean that a case is doomed to denial. It is very important to maintain a positive attitude and an open mind during the response process. We have handled many RFEs for NIW and EB-1 cases. In our experience, most cases with RFEs can be approved after a well-prepared response. Here are some examples of cases approved after RFEs:
Physiologist’s NIW Petition Approved after Harsh RFE
(http://www.hooyou.com/news/news071008NIW.html)

NIW Approved Within One Week of RFE Response
(http://www.hooyou.com/news/news052008rfe.html)

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*This article is based on the state of the law as of the posting date. It is the responsibility of the reader to verify that the law has not changed by consulting an attorney, although Zhang and Associates will make every effort to ensure that our articles are updated periodically.