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From January to March 2011, our firm received 30 NIW case approvals. USCIS approved 28 of these cases without a request for evidence. In addition, from January to March 2011, our firm also received 42 EB-1 case approvals.

Out of the 30 NIW cases approved in the past three months, most applicants had a Ph. D. However, 4 of these applicants, or approximately 13%, only had a Master’s degree. We had one applicant who received a master degree in operatic vocal coaching and works as a vocal coach.  As this area is 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. This client’s case was approved within 87 days without a RFE.  On the contrary, 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 fellow”, “research scientist” 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 conducted research in Engineering, Medical, and Biology related fields while a few approved applicants work in Mathematics, Chemistry, and Geology related fields. The average number of journal papers published by these applicants was 9. The average number of citations they received was 68 and the median number of citations was 29. The average processing time for these applicants was 242 days or eight months. The longest it took to approve an application was 965 days, while the shortest was 68 days.  

In the fourth quarter of 2010, the average processing time for those applicants was 150 days or five months. The longest it took to approve an application was 306 days, while the shortest was 37 days.  

Therefore, we can clearly see that, with less domestic jobs available for U.S. citizens, USCIS has experienced much delay in processing NIW applications.  

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 30 NIW cases approved from January to March 2011, please refer to the table below.

Client	Degree	Research field	Journal papers	Citations	Job title	RFE	Processing days
1	Ph.D.	Biomedical	7	81	Postdoctoral Fellow	No	133
2	Ph.D.	biotechnology	19	277	Research Scientist	No	202
3	Ph.D.	breast cancer	10	10	Research fellow	No	156
4	Ph.D.	food and agricultural engineering	4	20	agriculture and food process scientist	No	204
5	Ph.D.	medical science	9	155	Senior Research Scientist	No	329
6	Ph.D.	biomedical	12	87	Postdoctoral Fellow	No	169
7	Ph.D.	neuroscience	5	7	research fellow	No	141
8	Ph.D.	Mechanical Engineering	2	6	Adjunct Faculty and Researcher	Yes	236
9	Ph.D.	biomedical	5	35	Senior Research Specialist	No	77
10	Master	Mechanical Engineering	0	0	senior completion engineer	No	239
11	Master	operatic vocal coaching	4	0	vocal coach	No	87
12	Ph.D.	Hydrology	5	15	Researcher	No	190
13	Ph.D.	microbiology	6	149	Postdoctoral associate	No	89
14	Ph.D.	biomaterials science	13	144	Postdoctoral Fellow	No	255
15	Ph.D.	materials science	24	213	Associate Research Scientist	No	147
16	Ph.D.	microbiology	18	138	Research associate	No	94
17	Ph.D.	Laser eng. micromachining	7	0	Laser Application Engineer	No	222
18	Ph.D.	Aeronautics eng.	8	30	Aeronautics Engineer	No	68
19	Ph.D.	Electro-Optics	6	11	Associate Research Physicist	No	128
20	Ph.D.	analytical chemistry	10	133	Staff Scientist	No	257
21	Ph.D.	applied mathematics	6	27	Postdoctoral Fellow	No	235
22	Ph.D.	medical science	11	126	Postdoctoral Fellow	No	823
23	Ph.D.	MRI engineering	11	0	Postdoctoral Fellow	No	391
24	Master	geology	5	6	Research Scientist	No	280
25	Master	environmental science	4	66	Senior Research Specialist	No	249
26	Ph.D.	computer science	19	118	Software Design Engineer	Yes	965
27	Ph.D.	Polymer science	3	11	Postdoctoral Fellow	No	137
28	Ph.D.	hematology	14	26	Postdoctoral Fellow	No	237
29	Ph.D.	organic chemistry	5	13	Post Doctoral Research Scientist	No	270
30	Ph.D.	Evolutionary biology	7	131	Post Doctoral Research Scientist	No	252

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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

 

(05/02/2011)