An Analysis of EB-1 Cases Approved from January to March 2012
From January to March 2012, our firm received 67 EB-1 case approvals: 35 EB-1(a), 27 EB-1(b), and 5EB-1(c). USCIS approved 48 of these cases without a request for evidence. In addition, from January to March 2012, our firm also received 56 NIW case approvals. For the year of 2011, our firm received 286 NIW approvals, 206 EB-1 approvals, 815 I-485 approvals, as well as 269 H-1B approvals.
Out of the 67 EB-1 cases approved in the past three months, except for thosefive people who applied for EB-1(c) immigration for multinational manager or executive, and one athlete who applied for EB-1(a), all other applicants had a Ph. D and conducted scientific research. Among samples of approved applicants, most conduct research in medical science, biology, and engineering, while others focus on computer science, physics, etc.
Ph.D |
61 |
Master |
0 |
Bachelor |
0 |
N/A |
6 |
Three of the most popular job titles for applicants who received approval were that of a “postdoctoral fellow”, “assistant professor” and “engineer”. Those specializing in these occupations mainly conduct 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 these applicants was 13. The average number of citations was 132. The average number of reviews conducted was 23. The average processing time for these applicants was 132 days or about fourmonths. The longest amount of time it took to approve an application was 704 days, while the shortest was 7 days.
Journal papers on average |
13 |
Citations |
132 |
Reviews on average |
23 |
Average processing date |
132 |
Before you start the application process, it is imperative that you consult with a highly trained legal professional, particularly since USCIS has become stricter with EB-1 applications after a memo was released on August 18, 2010. In essence, 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, premium process was adopted in filing 21 out of the 67 EB-1 cases. 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 officer 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. Please note, an applicant can adopt premium process when initially filing one petition or do so after the petition has been filed. In either case, USCIS will issue and serve on the petitioner or applicant an approval notice, a denial notice, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation within the 15 calendar day period.
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 67 EB-1 cases approved from January to March 2012, please refer to the table below.
# |
Case Type |
Degree |
Research field |
Journal |
Citations |
Reviews |
Job title |
RFE |
Premium |
Processing |
1 |
EB-1A |
Ph.D |
Respiration, Internal Medicine |
13 |
48 |
12 |
Postdoctoral fellow |
RFE |
|
168 |
2 |
EB-1A |
Ph.D |
Molecular Physiology and Biophysics |
13 |
72 |
N/A |
Research fellow |
RFE |
|
220 |
3 |
EB-1A |
Ph.D |
Genetics and Developmental Biology |
42 |
N/A |
14 |
Research associate |
|
|
189 |
4 |
EB-1A |
Ph.D |
Geophysics |
7 |
37 |
19 |
Geophysicist |
|
|
240 |
5 |
EB-1A |
Ph.D |
Civil Engineering |
17 |
122 |
10 |
Assistant Research Engineer |
|
|
78 |
6 |
EB-1A |
Ph.D |
Nutritional Scie |
10 |
481 |
30 |
Postdoctoral fellow |
|
Yes |
12 |
7 |
EB-1A |
Ph.D |
Mechanical Engineering |
16 |
136 |
64 |
Research fellow |
|
Yes |
13 |
8 |
EB-1A |
Ph.D |
Theoretical/Comp |
10 |
65 |
10 |
Post-doctoral Research |
|
|
340 |
9 |
EB-1A |
Ph.D |
Engineering |
21 |
292 |
48 |
Postdoctoral Research Associate |
RFE |
|
549 |
10 |
EB-1A |
Ph.D |
Chemical and Biomolecular Engineering |
22 |
125 |
16 |
Research Associate |
RFE |
|
399 |
11 |
EB-1A |
Ph.D |
Electrical and Computer Engineering |
11 |
44 |
30 |
Research/Teaching Assistant |
RFE |
Yes |
47 |
12 |
EB-1A |
Ph.D |
Biochemistry |
6 |
110 |
N/A |
Research Professional Associate |
|
Yes |
18 |
13 |
EB-1A |
Ph.D |
Chemistry |
10 |
170 |
N/A |
Postdoctoral Research Associate |
|
|
276 |
14 |
EB-1A |
Ph.D |
Electrical Engineering |
6 |
78 |
9 |
Senior Researcher |
|
Yes |
13 |
15 |
EB-1A |
Ph.D |
Chemistry |
13 |
50 |
29 |
Postdoctoral Research Fellow |
|
Yes |
13 |
16 |
EB-1A |
Ph.D |
Nanomedicine |
7 |
334 |
8 |
Postdoctoral Fellow |
|
Yes |
15 |
17 |
EB-1A |
Ph.D |
Materials Engineering |
11 |
140 |
17 |
Senior Research Scientist |
|
|
136 |
18 |
EB-1A |
Ph.D |
Electrical Engineering |
5 |
N/A |
23 |
Software Engineer |
|
Yes |
12 |
19 |
EB-1A |
Ph.D |
Physics |
27 |
131 |
27 |
Staff Research Associate |
|
|
213 |
20 |
EB-1A |
Ph.D |
Biomedical Engineering |
6 |
42 |
1 |
Senior Manager |
|
|
704 |
21 |
EB-1A |
Ph.D |
Electrical Engineering |
24 |
131 |
27 |
Staff Research Associate |
|
|
217 |
22 |
EB-1A |
Ph.D |
Applied Mathematics |
15 |
70 |
20 |
Postdoctoral Research Associate |
|
|
185 |
23 |
EB-1A |
Ph.D |
Chemical Engineering |
8 |
12 |
15 |
Postdoctoral Research Associate |
RFE |
Yes |
108 |
24 |
EB-1A |
Ph.D |
Algorithms |
5 |
28 |
19 |
Postdoctoral Researcher |
|
|
213 |
25 |
EB-1A |
N/A |
N/A |
N/A |
N/A |
N/A |
Athlete |
RFE |
|
71 |
26 |
EB-1A |
Ph.D |
Medical Science |
37 |
274 |
14 |
Post Doctoral Associate |
|
|
289 |
27 |
EB-1A |
Ph.D |
Physical Chemistry |
19 |
229 |
40 |
Postdoctoral fellow |
|
|
173 |
28 |
EB-1A |
Ph.D |
Medical Science |
16 |
216 |
15 |
Postdoctoral Researcher |
|
|
47 |
29 |
EB-1A |
Ph.D |
Physics |
23 |
119 |
25 |
Post Doctoral Associate |
|
Yes |
15 |
30 |
EB-1A |
Ph.D |
Chemistry |
30 |
1345 |
11 |
Postdoctoral Appointee |
|
Yes |
12 |
31 |
EB-1A |
Ph.D |
Chemistry |
18 |
N/A |
1 |
Post Doctoral Research Associate |
RFE |
|
110 |
32 |
EB-1A |
Ph.D |
Bioengineering |
12 |
320 |
5 |
Research associate |
|
|
15 |
33 |
EB-1A |
Ph.D |
Biomedical Science |
10 |
90 |
13 |
Postdoctoral Research Associate |
|
|
5 |
34 |
EB-1A |
Ph.D |
Bioengineering |
15 |
67 |
30 |
Research associate |
|
Yes |
19 |
35 |
EB-1A |
Ph.D |
Mathematics |
13 |
194 |
2 |
Senior Vice President |
|
|
375 |
36 |
EB-1B |
Ph.D |
Environmental Chemistry and Technology |
12 |
26 |
5 |
Research Scientist |
RFE |
|
263 |
37 |
EB-1B |
Ph.D |
Mechanical Engineering |
6 |
58 |
6 |
Research Scientist |
|
|
219 |
38 |
EB-1B |
Ph.D |
Microbiology and Immunology |
14 |
132 |
18 |
Research Scientist |
|
|
150 |
39 |
EB-1B |
Ph.D |
Pharmacy |
9 |
34 |
5 |
Analytical Chemist |
|
|
435 |
40 |
EB-1B |
Ph.D |
Genetics |
11 |
83 |
33 |
Research Associate |
|
|
90 |
41 |
EB-1B |
Ph.D |
Pharmaceutical Sciences |
1 |
7 |
4 |
Pharmaceutical Scientist |
RFE |
|
165 |
42 |
EB-1B |
Ph.D |
Material Engineering |
11 |
157 |
20 |
Senior Research Scientist |
|
Yes |
16 |
43 |
EB-1B |
Ph.D |
Computer and Electronics Engineering |
6 |
22 |
64 |
Tenure Track Assistant Professor |
|
Yes |
18 |
44 |
EB-1B |
Ph.D |
Microbiology and Immunology |
14 |
132 |
18 |
Research Scientist |
RFE |
|
168 |
45 |
EB-1B |
Ph.D |
Chemistry |
10 |
49 |
N/A |
Doctoral Research |
|
Yes |
14 |
46 |
EB-1B |
Ph.D |
Biochemistry and Molecular Biology |
10 |
125 |
15 |
Research Scientist |
|
Yes |
15 |
47 |
EB-1B |
Ph.D |
Statistics |
6 |
13 |
35 |
Assistant Professor (Tenure Track) |
RFE |
|
50 |
48 |
EB-1B |
Ph.D |
Education Administration & Policy Studies |
10 |
39 |
27 |
Assistant Professor |
RFE |
Yes |
67 |
49 |
EB-1B |
Ph.D |
Structural Engineering and Earthquake Engineering |
8 |
49 |
20 |
Assistant Professor |
|
Yes |
17 |
50 |
EB-1B |
Ph.D |
Mechanical Engineering |
11 |
35 |
5 |
Senior Research Scientist |
|
|
69 |
51 |
EB-1B |
Ph.D |
Computer Science |
4 |
61 |
9 |
Senior Scientist |
|
|
110 |
52 |
EB-1B |
Ph.D |
Mechanical Engineering |
25 |
53 |
68 |
Senior Research Engineer |
RFE |
Yes |
35 |
53 |
EB-1B |
Ph.D |
Botany |
5 |
27 |
48 |
Research Associate |
|
|
55 |
54 |
EB-1B |
Ph.D |
Electrical Engineering |
3 |
18 |
38 |
Research Engineer |
|
|
131 |
55 |
EB-1B |
Ph.D |
Bioinformatics |
7 |
118 |
19 |
Scientific Informatics Analyst |
|
Yes |
16 |
56 |
EB-1B |
Ph.D |
Mechanical Engineering |
10 |
59 |
42 |
Senior Engineer |
|
|
21 |
57 |
EB-1B |
Ph.D |
Mechanical Engineering |
2 |
33 |
45 |
Engineer |
|
|
193 |
58 |
EB-1B |
Ph.D |
Optics |
17 |
159 |
69 |
scientist |
RFE |
|
82 |
59 |
EB-1B |
Ph.D |
Marine Policy |
11 |
67 |
19 |
Policy Analyst |
|
|
32 |
60 |
EB-1B |
Ph.D |
Petroleum Engineering |
14 |
254 |
N/A |
Research Chemist |
|
|
49 |
61 |
EB-1B |
Ph.D |
Computer Science |
5 |
197 |
20 |
Staff Software Engineering |
|
Yes |
11 |
62 |
EB-1B |
Ph.D |
Applied Mathematics |
3 |
63 |
4 |
Advanced Financial Modeling Analyst |
|
|
110 |
63 |
EB-1C |
Bachelor |
Accounting |
N/A |
N/A |
N/A |
Chairman and Manager |
|
|
316 |
64 |
EB-1C |
N/A |
N/A |
N/A |
N/A |
N/A |
Executive Director |
RFE |
|
493 |
65 |
EB-1C |
Bachelor |
Material & Engineering Science |
N/A |
N/A |
N/A |
Director |
RFE |
|
95 |
66 |
EB-1C |
N/A |
N/A |
N/A |
N/A |
N/A |
President |
RFE |
|
81 |
67 |
EB-1C |
Bachelor |
Economic Management |
N/A |
N/A |
N/A |
President |
RFE |
|
196 |
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
sixteen 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, P.C.
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 |
(04/19/2012)