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An Analysis of NIW Cases Approved from January to March 2010
From January to March 2010, our firm received 93 NIW case approvals. USCIS approved 66 of these cases without a request for evidence.
Out of the 93 NIW cases approved in the past three months, most applicants had a Ph. D. However, 12 of these applicants, or approximately 13%, only had a Master’s degree. Among those with Master’s degrees, three applicants worked in fields related to petroleum and natural gas. Of these three applicants, only one had published work and participated in peer review; the other two had done neither. This is well below average for most of our other applicants. Essentially, such information tells us that USCIS lessens its standards for aliens who work in certain fields. For political and security reasons, the United States places a great deal of weight on oil and gas. Furthermore, this area is less saturated than other more popular fields like the medical sciences, which means that 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. Through our practice, we have found that the field in which applicants work, combined with the current needs of the United States greatly determines the overall outcome of a NIW petition.
Those who work as a “postdoctoral researcher”, “research assistant/associate” or any other title of the like 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. A few approved applicants also work in the fields of Computer Science and Nuclear Physics. The average number of journal papers published among this lot of applicants was 9. The average of number of reviews conducted was 1. The average processing time for these applicants was 183 days or roughly 6 months. The longest it took to approve an application was 910 days, while the shortest was 15 days. USCIS aims to adjudicate National Interest Waiver petitions in 4 months. However, the current 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 greatly increased its standards for NIW applications. As a testament to our firm’s expertise, you can see that the average processing time for our NIW applicants is much shorter than USCIS’ national average.
In addition, From January to March 2010, our firm also received 65 EB-1 case approvals: 41 EB-1(a), 21 EB-1(B), and 3 EB-1(C). USCIS approved 50 of these cases without RFE. For more information on the 65 EB-1 cases, please click on the link below:
http://www.hooyou.com/news/news061810eb1.html
Again, before you start the application process, it is imperative that you consult a highly trained legal professional, particularly since USCIS has generally increased the standard for 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.
For more information on the 93 NIW cases approved from January to March 2010, please refer to the table below.
Client |
Research field |
Journal Papers |
Reviews |
Job title |
Processing Time |
1 |
Cardiothoracic Research |
8 |
0 |
Post Doc. Researcher |
15 |
2 |
Petroleum and Natural Gas Engineering |
1 |
1 |
Petroleum Engineer |
298 |
3 |
Periodontal Pathogens Research |
32 |
0 |
Post Doc. Researcher |
33 |
4 |
Molecular Microbiology and Immunology |
20 |
0 |
Post Doc. Researcher |
124 |
5 |
Advanced Magnetic Resonance Imaging |
11 |
2 |
Post Doc. Researcher |
70 |
6 |
Molecular Genetics and Immunology |
6 |
0 |
Post Doc. Researcher |
25 |
7 |
Physics |
7 |
0 |
Scientist |
305 |
8 |
Cancer Research |
8 |
0 |
Post Doc. Researcher |
292 |
9 |
Environmental Engineering |
12 |
25 |
Environmental Engineer |
288 |
10 |
Geophysics |
0 |
0 |
Deployment Supporter |
405 |
11 |
Plant Microbiology and Pathology |
6 |
0 |
Post Doc. Researcher |
288 |
12 |
Semiconductor and Optics |
5 |
3 |
System Design Engineer |
71 |
13 |
Biological and Agricultural Engineering |
9 |
3 |
Graduate Research Associate, |
36 |
14 |
Biomedical Engineering |
13 |
2 |
Assay Development Scientist |
283 |
15 |
Biology |
21 |
0 |
Research Scientist |
288 |
16 |
Orthodontics Research |
5 |
3 |
Research specialist |
107 |
17 |
Risk Management |
0 |
0 |
Vice President |
29 |
18 |
Cancer Research |
4 |
0 |
Post Doc. Researcher |
288 |
19 |
Climate Dynamics |
6 |
0 |
Post Doc. Researcher |
78 |
20 |
Medical Research |
13 |
1 |
Post Doc. Researcher |
237 |
21 |
Materials |
9 |
4 |
Director of R&D |
69 |
22 |
Polymer Materials |
3 |
0 |
Technician |
34 |
23 |
Comprehensive Cancer |
25 |
0 |
Post Doc. Researcher |
96 |
24 |
Biomaterials and Biomacromolecules |
20 |
7 |
Post Doc. Researcher |
42 |
25 |
Analytical Chemistry |
13 |
2 |
Research Associate |
176 |
26 |
Physics and Bioengineering |
7 |
0 |
Post Doc. Researcher |
28 |
27 |
Cell biology |
2 |
0 |
Scientist |
814 |
28 |
Microbiology |
6 |
0 |
Ph.D. Candidate |
416 |
29 |
Petroleum Engineering |
7 |
0 |
Drill Site Manager |
349 |
30 |
Water Resources Engineering |
4 |
0 |
Water Resources Engineer/Hydrologist |
910 |
31 |
Materials Science and Engineering Research |
7 |
2 |
Research Associate |
224 |
32 |
Molecular and Cell Biology |
16 |
1 |
Post Doc. Researcher |
294 |
33 |
Nuclear Physics |
10 |
0 |
Post Doc. Researcher |
113 |
34 |
Petroleum Engineering |
21 |
0 |
Sr. Staff Engineer |
84 |
35 |
Biomedical Research |
3 |
0 |
Research Assistant |
401 |
36 |
Electrical and Computer Engineering |
12 |
0 |
Software Engineer |
296 |
37 |
Piano |
0 |
0 |
Adjunct Professor |
188 |
38 |
Medical Research |
5 |
2 |
Post Doc. Researcher |
351 |
39 |
Diagnostic Assays |
10 |
0 |
Director of Research & Development |
139 |
40 |
Healthcare Services |
6 |
3 |
Post Doc. Researcher |
113 |
41 |
Petroleum Engineering |
3 |
0 |
Production Facilities Coordinator |
147 |
42 |
Cardiovascular Science |
6 |
0 |
Post Doc. Researcher |
42 |
43 |
Plant Biology |
8 |
0 |
Post Doc. Researcher |
30 |
44 |
Biomedical Engineering |
10 |
2 |
Research Scientist |
28 |
45 |
Plasma Physics |
7 |
3 |
Post Doc. Researcher |
109 |
46 |
Neuroscience |
3 |
0 |
Post Doc. Researcher |
33 |
47 |
Pharmacognosy |
4 |
0 |
Research Specialist |
68 |
48 |
Medicinal Chemistry |
4 |
0 |
Research Associate |
354 |
49 |
Blood-Forming Stem Cells |
11 |
4 |
Post Doc. Researcher |
350 |
50 |
Biochemistry and Molecular Biology |
3 |
0 |
Post Doc. Researcher |
26 |
51 |
Biology |
5 |
0 |
Post Doc. Researcher |
59 |
52 |
Biochemistry and Molecular Biology |
5 |
0 |
Associate Specialist |
16 |
53 |
Glaucoma Ophthalmology |
7 |
0 |
Senior Research Fellow |
38 |
54 |
Biomedical Cancer Research |
12 |
1 |
Research Scientist |
378 |
55 |
Biostatistics Research |
18 |
0 |
Biostatistician |
101 |
56 |
Biomedial Sciences |
5 |
0 |
Post Doc. Researcher |
399 |
57 |
Battery Science |
13 |
1 |
Post Doc. Researcher |
98 |
58 |
Molecular Physics |
7 |
0 |
Post Doc. Researcher |
153 |
59 |
Aerospace Materials |
22 |
0 |
Associate Professor |
66 |
60 |
Mechanical Engineering |
4 |
7 |
Reliability Engineer |
92 |
61 |
Biomedical Research |
11 |
0 |
Lab Research Analyst |
25 |
62 |
Energy Generating Processing |
9 |
7 |
Laboratory Manager |
340 |
63 |
Petroleum Engineering |
0 |
0 |
Senior Reservoir Engineer |
332 |
64 |
Chemical Engineering |
5 |
0 |
Post Doc. Researcher |
400 |
65 |
Educational Leadership |
10 |
0 |
Research Assistant |
356 |
66 |
Molecular Biology |
10 |
0 |
Post Doc. Researcher |
304 |
67 |
Material Science |
14 |
0 |
Post Doc. Researcher |
59 |
68 |
Biomedical Research |
2 |
0 |
Research Assistant |
178 |
69 |
Tantalum Thin Film Deposition Research |
4 |
0 |
Process Engineer |
216 |
70 |
Physiology and Cell Biology |
11 |
0 |
Post Doc. Researcher |
49 |
71 |
Statistical Physics and Material Science Research |
6 |
0 |
Post Doc. Researcher |
20 |
72 |
Mechanical Engineering |
11 |
0 |
Mechanical Engineer |
679 |
73 |
Biostatistics |
15 |
0 |
Biostatistician |
75 |
74 |
Nuclear and Radiological Engineering |
7 |
0 |
Visiting Assistant Professor |
71 |
75 |
Model-Driven Software Engineering |
8 |
0 |
Software Engineer |
125 |
76 |
Pharmacology |
10 |
0 |
Post Doc. Researcher |
65 |
77 |
Computer Science |
5 |
8 |
Research Consultant |
57 |
78 |
Biological Sciences |
3 |
0 |
Post Doc. Researcher |
90 |
79 |
Molecular Microbiology |
18 |
0 |
Instructor |
53 |
80 |
Semiconductor Industry |
10 |
0 |
Post Doc. Researcher |
27 |
81 |
Mechanical Engineering |
6 |
0 |
Manufacturing Engineer |
332 |
82 |
Solar Cell |
5 |
0 |
Research Assistant |
422 |
83 |
Biomedical Engineering and Bioinformatics Research |
4 |
1 |
Research Assistant |
440 |
84 |
Materials Science |
18 |
2 |
Metallurgical Engineer |
87 |
85 |
Cell Biology and Biomedical Science Research |
9 |
0 |
Research Associate |
405 |
86 |
Vortex Physics and Nano-Biophysics |
5 |
0 |
Post Doc. Researcher |
56 |
87 |
SRP Added |
4 |
0 |
Research Associate |
52 |
88 |
Cancer and Immunology Research |
23 |
0 |
Post Doc. Researcher |
35 |
89 |
Biomedical Research |
8 |
0 |
Post Doc. Researcher |
27 |
90 |
Architectural and Environmental Engineering |
10 |
0 |
Post Doc. Researcher |
29 |
91 |
Organic Synthesis |
11 |
2 |
Post Doc. Researcher |
92 |
92 |
Nuclear Physics |
21 |
0 |
Visiting Research Associate |
50 |
93 |
Tobacco Control |
4 |
0 |
Assistant Professor |
90 |
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 |
(06/28/2010)
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