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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.
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Tel: | 1-800-230-7040, 713-771-8433 |
Email: | info@hooyou.com |
website: | http://www.hooyou.com |
(01/24/2011)