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From October to December 2010, our firm received 38 EB-1 case approvals: 27 EB-1A, 10 EB-1B, and 1 EB-1C. USCIS approved 26 of these cases without a request for evidence. From January to December 2010, our firm received 166 EB-1 case approvals. In addition, from January to December 2010, our firm also received 223 NIW case approvals.

Out of the 38 EB-1 cases approved in the past three months, most applicants had a Ph. D and conducted scientific research. However, a few did not. For example, our firm received an EB-1A  approval for an applicant who is a graphic design artist and won many national and international awards. His EB-1A was approved within thirteen days without a request for evidence after filing via premium processing. Among the sample of approved applicants, most conducted research in medical science, biology, and engineering, while others focused on computer science, physics, architecture, and communications, etc.
 
Three of the most popular job titles for applicants who received approval were thoseof a “postdoctoral fellow”, “assistant professor” and “engineer”. Those specializing in these occupations mainly conducted research, produced papers, and attended 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 fulfill 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 information above, our firm has also compiled data on other criteria. The average number of journal papers published among these applicants was 15. The average  number of reviews conducted was 24. The average processing time for these applicants was 129 days, or slightly more than four months. The longest it took to approve an application was 670 days, while the shortest was 5 days.  Based on the data we compiled, it appears that the average processing time for our applicants in the last quarter was longer than that for our applicants in the third quarter of 2010. It may be explained partially by the fact that USCIS has become stricter with EB-1 applications after a memo was released on August 18, 2010. The USCIS memo breaks the EB-1 evaluation process up into two parts – 1) evaluating whether the applicant meets the baseline criteria for the immigration category and 2) determining whether the applicant’s evidence demonstrates the required high level of expertise for the immigration category. In the second part of the review process, the USCIS will evaluate the evidence to see if, as a whole, it proves by a preponderance of the evidence that the applicant is at the very top of his or her field of endeavor.

Finally, only 11 out of the 38 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 Request for Evidence (RFE) notice as a result. Given the stringent time constraints, officers sometimes automatically issue an RFE to fulfill the 15 day processing guarantee while not having to approve or deny a petition. For example, 5 out of those 11 cases sent via premium processing received a request for evidence. On the contrary, 7 out of 27 cases that were not sent via premium processing received a request for evidence.

Again, before you start the application process, it is imperative that you consult with a highly trained legal professional. If you are interested in contacting us for a free consultation, please call our offices at 1-800-230-7040 or email us at info@hooyou.com.  

For more information on the 38 EB-1 cases approved from October to December 2010, please refer to the table below.

Client	Case type	Research field	Journal papers	Reviews	Job title	Processing days
1	EB-1A	bioinformatics	7	16	Senior Technical Staff	229
2	EB-1A	bioinformatics	7	15	Associate Research Scientist	251
3	EB-1A	operations and supply chain management	8	19	Assistant Professor	50
4	EB-1A	localized CO2 corrosion	15	29	postdoctoral fellow	76
5	EB-1A	medical physics	23	6	Research Fellow	15
6	EB-1A	theoretical nuclear physics	88	67	Professor	10
7	EB-1A	Biomedical Engineering	11	1	Senior Research Scientist	173
8	EB-1A	computer science	2	9	Product Manager	78
9	EB-1A	Neuroprotection	15	2	Research Specialist	164
10	EB-1A	Medical Research-heart	19	10	Research Assistant Professor	161
11	EB-1A	Nanopositioning	11	58	Assistant Professor	194
12	EB-1A	computer science	23	31	Visiting Assistant Professor	172
13	EB-1A	Geophysics	7	3	Geophysicist	241
14	EB-1A	Database modeling	2	19	Software Developer	176
15	EB-1A	cancer prevention	10	5	postdoctoral fellow	186
16	EB-1A	medicinal chemistry	10	25	postdoctoral fellow	214
17	EB-1A	Materials processing	23	6	postdoctoral fellow	208
18	EB-1A	Electrical Engineering	13	5	Research Assistant	35
19	EB-1A	computational and probabilistic mechanics	7	21	senior engineer	216
20	EB-1A	cardiovascular disease	12	1	postdoctoral fellow	670
21	EB-1A	intelligent systems	33	300	Assistant Professor	11
22	EB-1A	electrochemical engineering	20	79	postdoctoral fellow	12
23	EB-1A	graphic design	N/A	N/A	graphic design artist	13
24	EB-1A	Physics	16	8	Senior Scientist	220
25	EB-1A	chemical engineering	12	19	postdoctoral fellow	59
26	EB-1A	semiconductor design	4	64	Senior Staff Engineer	158
27	EB-1A	Mass Communications	16	5	Assistant Professor	301
28	EB-1B	Industrial Engineering	2	7	AVP/Manager Credit Risk Modeling	26
29	EB-1B	Mechanical engineering	11	4	Senior Research Scientist	53
30	EB-1B	Cancer	15	0	postdoctoral fellow	113
31	EB-1B	architecture	14	6	assistant professor	26
32	EB-1B	combustion and pollution control	26	4	Combustion Scientist	5
33	EB-1B	Biostatistics	22	9	Assistant Professor	67
34	EB-1B	information systems management	5	5	Assistant Professor	43
35	EB-1B	semiconductor	7	10	senior engineer	12
36	EB-1B	electrical engineering	13	2	Sr. MEMS Design Engineer	13
37	EB-1B	Biomedical research	18	2	Associate Research Scientist	35
38	EB-1C	N/A	None	None	Executive Director	217

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past fourteen years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, PC.

Silicon Valley ∙ New York ∙ Los Angeles ∙ Chicago ∙ Houston ∙ Austin

Tel：	1-800-230-7040, 713-771-8433
Email：	info@hooyou.com
website：	http://www.hooyou.com

 

(01/13/2011)

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