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From January to March 2011, our firm received 42 EB-1 case approvals: 24 EB-1(a), 17 EB-1(b), and 1 EB-1(c). USCIS approved 28 of these cases without a request for evidence.  In addition, from January to March 2011, our firm also received 32 NIW case approvals.

Out of the 42 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-1 (a) approval for an applicant who has a master degree and works for a company as an IT Training instructor.  His EB-1 (a) was approved within 301 days with a request for evidence. Among the sample of approved applicants, most conduct research in medical science, biology, and engineering, while others focus on computer science, physics, etc.
 
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 15. The average of number of reviews conducted was 15. The average processing time for these applicants was 191 days or more than six months. The longest amount of time it took to approve an application was 565 days, while the shortest was 6 days.  Based on the data we compiled, it appears that the average processing time for our applicants in last quarter is longer than that for our applicants in the fourth 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. 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 endeavour.

Finally, only 5 out of the 42 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 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. 2 out of those 5 cases sent via premium processing received a request for evidence. On the contrary, 12 out of 37 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 42 EB-1 cases approved from January to March 2011, please refer to the table below.

Client	Case type	Research field	Journal papers	Reviews	Job title	Processing days
1	EB-1A	Toxicology	6	1	Senior Scientist	309
2	EB-1A	medical science	9	0	Senior Research Scientist	328
3	EB-1A	Computer science	10	79	Assistant professor	14
4	EB-1A	environmental preservation technology	12	0	Vice President of Technology Development	254
5	EB-1A	battery science	12	27	Research assistant	99
6	EB-1A	applied optics	16	28	Senior Research Fellow	298
7	EB-1A	biotechnology	19	7	Research Scientist	252
8	EB-1A	Computer vision	10	21	Electrical engineer	287
9	EB-1A	regenerative medicine	13	0	Post-doctoral Fellow	151
10	EB-1A	plant pathology	21	5	Post-doctoral Fellow	264
11	EB-1A	cardiovascular disease	35	10	Post-doctoral Fellow	169
12	EB-1A	reliability and risk analysis	11	7	Senior Engineer	313
13	EB-1A	Otolaryngology	71	9	Professor	13
14	EB-1A	organic, organo metallic chemistry	11	8	Post-doctoral Fellow	254
15	EB-1A	IT Training	70	0	Instructor	301
16	EB-1A	Computer vision	12	14	Senior Engineer	39
17	EB-1A	molecular biology	7	6	Post-doctoral Fellow	243
18	EB-1A	Physics	8	24	Post-doctoral Fellow	565
19	EB-1A	biomedical	6	7	Post-doctoral Fellow	198
20	EB-1A	Cancer	18	10	RESEARCH ASSOCIATE	57
21	EB-1A	Molecular biology	12	15	Post-doctoral Fellow	127
22	EB-1A	biodiesel production	13	39	Chemist	185
23	EB-1A	Cardio-pulmonary	15	11	Research Associate	289
24	EB-1A	Mechanical engineering	9	23	Research Scientist-III	243
25	EB-1B	cancer	22	12	Resident assistant professor	6
26	EB-1B	biomedical	5	0	Senior Research Specialist	57
27	EB-1B	Electrical engineering	17	109	Assistant professor	33
28	EB-1B	Electrical engineering	2	42	Senior Network Architect	160
29	EB-1B	plant biology and molecular genetics	12	0	Post-doctoral Fellow	46
30	EB-1B	Robotics	8	8	Researcher	309
31	EB-1B	Molecular imprints	8	26	researcher	221
32	EB-1B	Chemical engineering	10	16	Senior Research Engineer	265
33	EB-1B	engine and vehicle technology	5	10	Program Lead	28
34	EB-1B	Chemical engineering	8	2	Researcher	105
35	EB-1B	Membrane and Separation science	18	11	Senior research engineer	11
36	EB-1B	Drug discovery	6	0	Research scientist	313
37	EB-1B	Microbiology	24	13	Research associate	118
38	EB-1B	Computer science	16	10	Assistant professor	275
39	EB-1B	satellite gravimetry	5	0	Algorithm Design Engineer	246
40	EB-1B	Mechanical Engineering	2	0	Senior mechanical design engineer	237
41	EB-1B	cardiology	10	2	Research Fellow	195
42	EB-1C	N/A	N/A	N/A	CEO	150

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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 fifteen 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

 

(04/20/2011)