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An Analysis of NIW Cases Approved from October to December 2010

From October to December 2010, our firm received 51 NIW case approvals. USCIS approved 41 of these cases without a request for evidence. Thus,from January to December 2010, our firm received 223 NIW case approvals. In addition, from January to December 2010, our firm also received 166 EB-1 case approvals.

Out of the 51 NIW cases approved in the past three months, most applicants had a Ph. D. However, 6 of these applicants, or approximately 12%, only had a Master’s degree while two applicants only had a bachelor’s degree. Furthermore, we had two applicants who have a Ph.D. degree in Music and works as a pianist.  Some applicants do postdoctoral research in nuclear physics or chemistry fields. As these areas are less saturated than other more popular fields like the medical sciences, applicants are not only competing against a smaller pool, but more than likely, one not as strong. Similarly, those who work in fields related to medicine and biology are forced to compete with a large number of applicants. Of which, USCIS can only approve the strongest.

Those who work as a “postdoctoral researcher”, “research assistant/associate/fellow” , “assistant professor” or any other similar title mainly conduct research, produce papers, and attend conferences. Because of the nature of scientific work, such applicants find it easier to show that they have exerted national influence and sustained a past record of achievement through more objective evidence (i.e. citations, downloads, commercialization of work, etc). Of course, this should not discourage you from applying if you feel you lack such evidence. On the contrary, each case varies and USCIS could deem your particular qualifications and skill set to be of intrinsic merit to the United States. As shown above, USCIS does not adjudicate petitions solely on the basis of concrete numbers. With our highly experienced attorneys, we will help you highlight your strongest professional assets, while downplaying your weaker ones.    

In addition to the above, we have also compiled other relevant data from our sample. Among the sample of approved applicants, most conduct research in Engineering, Medical, and Biology related fields while a few approved applicants also work in Nuclear physics, Chemistry and music related fields. The average number of journal papers published among these applicants was 10. The average number of citations was 100 and the median number of citations was 48. The average processing time for these applicants was 150 days or five months. The longest it took to approve an application was 306 days, while the shortest was 37 days.  USCIS aims to adjudicate National Interest Waiver petitions in 4 months. However, the national average for processing NIW applications is around 12.3 months.

Before the economic downturn, it was, in our personal experience, much easier for NIW petitioners to receive approval. Now, with less domestic jobs available for U.S. citizens, USCIS has experienced delays in processing NIW applications. Consequently, we have received less NIW approvals. In 2009, our firm received over 430 NIW case approvals and also more than 210 EB-1 approvals. 

Again, before you start the application process, it is imperative that you consult a highly trained legal professional, particularly since USCIS has experienced delays in processing NIW 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.  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 51 NIW cases approved from October to December 2010, please refer to the table below.

 

Client

Degree

Research field

Journal papers

Citations

Job title

RFE

Processing days

1

Ph.D.

dental care

8

67

Associate Clinical Professor

No

135

2

Ph.D.

proteomics

12

120

postdoctoral fellow

No

121

3

Ph.D.

biomedical research

8

108

assistant project scientist

No

135

4

Bachelor

petroleum and drilling engineering

2

20

Drilling Engineer

No

174

5

Ph.D.

semiconductor

7

5

postdoctoral fellow

Yes

135

6

Ph.D.

Chemical Engineering

7

7

engineer

No

183

7

Ph.D.

Cell Biology

12

60

postdoctoral fellow

No

155

8

Master

Medicinal Plant

2

0

Research Associate

Yes

179

9

Ph.D.

civil engineering

3

10

research associate

No

185

10

Ph.D.

Biology

5

143

Research scientist

Yes

80

11

Ph.D.

civil engineering

11

13

Research Associate

No

164

12

Ph.D.

optical science and technology

13

47

postdoctoral fellow

Yes

210

13

Ph.D.

theoretical nuclear physics

88

1771

Professor

No

37

14

Ph.D.

reproductive medicine

9

123

postdoctoral fellow

No

103

15

Ph.D.

organic and inorganic chemistry

8

24

postdoctoral fellow

No

242

16

Ph.D.

Biological science

22

30

postdoctoral fellow

No

186

17

Master

electrical engineering

9

18

engineer

No

111

18

Ph.D.

Computer Engineering

12

63

Component Design Engineer

No

140

19

Ph.D.

environmental engineering

7

0

postdoctoral fellow

No

176

20

Ph.D.

environmental science

9

195

postdoctoral fellow

No

40

21

Ph.D.

infectious biology

4

66

postdoctoral fellow

Yes

169

22

Bachelor

Biology 

4

0

lab technician

No

134

23

Master

cancer

8

82

Research Specialist

No

137

24

Ph.D.

electrical engineering

2

20

Sr. Network Architect

No

106

25

Ph.D.

Ocean Engineering

40

93

Professor

No

165

26

Ph.D.

Cancer biology

7

57

postdoctoral fellow

No

120

27

Master

Petroleum engineering

N/A

N/A

Reservoir Engineer

Yes

246

28

Ph.D.

Electrical engineering

9

10

Engineer

No

146

29

Ph.D.

computational biomedicine

7

7

postdoctoral fellow

No

156

30

Ph.D.

western and Asian art

N/A

N/A

Assistant Professor

No

186

31

Ph.D.

cancer

6

48

Research Scientist

No

192

32

Ph.D.

Cancer

3

15

postdoctoral fellow

No

162

33

Ph.D.

medical

3

14

postdoctoral fellow

No

123

34

Ph.D.

operations research

5

52

Programming Analyst

No

130

35

Ph.D.

materials science and nanoscience

18

300

postdoctoral fellow

Yes

132

36

Ph.D.

organic and medicinal chemistry

6

90

postdoctoral fellow

Yes

306

37

Master

 language instruction

1

1

Assistant Professor

Yes

198

38

Ph.D.

Chemistry

13

32

postdoctoral fellow

No

161

39

Ph.D.

Computer science

9

49

Assistant Professor

No

93

40

Ph.D.

nanomaterial

8

26

staff engineer

No

167

41

Ph.D.

cancer

15

280

postdoctoral fellow

No

145

42

Ph.D.

piano

N/A

N/A

musician

No

174

43

Ph.D.

piano

N/A

N/A

musician

No

155

44

Ph.D.

molecular biology

6

81

Research Scientist

No

81

45

Ph.D.

Cell Biology

9

180

postdoctoral fellow

No

77

46

Ph.D.

diabetes

10

59

Research Professional Associate

No

147

47

Master

petroleum engineering

6

N/A

petroleum engineer

No

145

48

Ph.D.

chemistry

12

25

postdoctoral fellow

No

145

49

Ph.D.

Psychology

1

0

Staff Psychologist

Yes

266

50

Ph.D.

Petroleum Engineering

6

26

Staff Specialist

No

76

51

Ph.D.

nuclear physics

33

163

Research Associate

No

96



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

 

(01/24/2011)



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