From January to March 2010, our firm received 65 EB-1 case approvals: 41 EB-1(a), 21 EB-1(B), and 3 EB-1(C). USCIS approved 50 of these cases without RFE.

Out of the 65 EB-1 cases approved in the past three months, most applicants had a Ph. D. However, some did not. For example, our firm had one EB-1(a) applicant with a master’s degree who worked as a project manager in the field of Civil Engineering. At the time of filing, this applicant had completed 2 reviews and had 4 publications under her name. This case was approved in just 38 days without a RFE. Certainly, no two applicants are the same, but this example does serve as a good illustration that applicants do not have to fit a particular “mold” to have a successful petition, so long as one demonstrates exceptional fulfilment of at least three of the ten criteria.

Among the sample of approved applicants, most conduct research in Engineering and Medical Science. A few approved applicants also work in the fields of Chemistry and Physics. Other fields of practice in our sample include Art, Music, and Flair Bartending.

Two of the most popular job titles for applicants who received approval were that of a “postdoctoral researcher” and “assistant professor”. Those specializing in these occupations mainly focus on research, produce papers, and attend conferences. Because of the nature of scientific work, it is much easier to meet EB-1 requirements. Of course, as mentioned earlier, this should not discourage you from applying if you happen to fulfil different, but equally comparable criteria. Each case varies and it is difficult to determine whether or not you qualify unless you come in for an evaluation.  

In addition to the above, our firm has also compiled data on other criteria. The average number of journal papers published among this lot of applicants was 14. The average of number of reviews conducted was 7. The average processing time for these applicants was 80 days or approximately less than 3 months. The longest it took to approve an application was 458 days, while the shortest was 6 days.  Based on the data we compiled, it appears that the average processing time for our applicants is much shorter than what USCIS typically promises (around 4 months). While the EB-1 category usually remains current, which partially explains why this processing time is fast, our firm is also highly experienced. As you can see from the list of approvals, we have turned many weak cases into strong ones.

Finally, only 7 out of the 65 EB-1 cases were sent via premium processing. In our personal experience, we have found that premium processing can expedite adjudication of your application. However, if you are not a highly qualified applicant, you could receive a RFE notice as a result. Furthermore, in our practice, we have heard that a USCIS reviewer only has 15 minutes to read through an application. Given the stringent time constraints, officers sometimes automatically issue a RFE to fulfil the 15 day processing guarantee while not having to approve or deny a petition.

For more information on the 65 EB-1 cases approved from January to March 2010, please refer to the table below.

Again, before you start the application process, it is imperative that you consult a highly trained legal professional, particularly since USCIS has become stricter with EB-1 applications. By consulting with an attorney at our firm, you will learn not only learn about your options, but also specific application strategies for your immigration needs.