An Analysis of EB-1 Cases Approved from April to June 2012 -- Immigration Lawyers in Silicon Valley, New York, Los Angeles, Chicago, Houston, and Austin

An Analysis of EB-1 Cases Approved from April to June 2012

From April to June 2012, our firm received 63 EB-1 case approvals: 32 EB-1(a), 24 EB-1(b), and 7 EB-1(c). USCIS approved 46 of these cases without a request for evidence. In addition, from April to June 2012, our firm also received 107 NIW case approvals. For January to June 2012, our firm received 130 EB-1 approvals and 163 NIW approvals.

Out of the 63 EB-1 cases approved in the past three months, most 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, Applied Mathematics, operations research, etc.


Ph.D.

52

Master

2

Bachelor

1

N/A

8


Three of the most popular job titles for applicants who received approval were that of a “postdoctoral research associate”, “assistant professor” and “research scientist/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 fulfill 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 23. The average number of citations was 180. The average number of reviews conducted was 25. The average processing time for these applicants was 115 days or about four months. The longest amount of time it took to approve an application was 531 days, while the shortest was 7 days.


average number of journal papers

23

average number of citations

180

average number of reviews

25

average processing days

115

 

 

 

 

 

 

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 25 out of the 63 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 fulfill 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 63 EB-1 cases approved from April to June 2012, please refer to the table below.

Client

Case Type

Degree

Research field

Journal papers

Citations

reviews

job title

RFE

Premium

processing
time

1

EB-1B

Ph.D.

Chemistry

10

373

3

Research Chemist

No

No

79

2

EB-1A

Ph.D.

Microelectr-
onics

382

258

10

Post-
doctoral Research Associate

Yes

Yes

59

3

EB-1A

Ph.D.

Information Engineering

26

161

15

Research Associate

No

No

194

4

EB-1B

Ph.D.

Physiology

17

143

0

Research Fellow

Yes

No

157

5

EB-1A

Ph.D.

Chemistry

25

175

8

Associate Research Engineer

No

No

231

6

EB-1C

N/A

N/A

N/A

N/A

N/A

President
/CEO

No

No

153

7

EB-1A

Ph.D.

Chemistry

20

187

8

Researcher

No

Yes

12

8

EB-1B

Ph.D.

Aerospace Engineering

14

28

31

Engineer

No

No

214

9

EB-1B

Ph.D.

Biochemistry

22

113

0

Research Associate

No

Yes

15

10

EB-1A

Ph.D.

Chemistry

9

48

0

Post-
doctoral Research Associate

Yes

No

531

11

EB-1B

Ph.D.

Chemistry

23

154

5

Research Scientist

Yes

Yes

191

12

EB-1B

Master

Medicine

32

N/A

14

Research Associate

No

Yes

13

13

EB-1B

Ph.D.

Computer Science

15

62

6

Research Scientist

Yes

Yes

41

14

EB-1A

Ph.D.

Mechanical Engineering

15

97

18

Post-
doctoral Research Associate

No

No

103

15

EB-1A

Ph.D.

inflammation and skin
cancer

19

201

18

Resident
of Pathology

No

No

183

16

EB-1A

Ph.D.

Atmospheric Sciences

13

69

53

Post-
doctoral Research Associate

No

No

199

17

EB-1A

Ph.D.

cardiova-
scular biology

15

255

13

Post-
doctoral Research Associate

No

No

234

18

EB-1A

Ph.D.

Materials Science and Engineering

21

70

28

Research Assistant

No

Yes

16

19

EB-1A

Ph.D.

computational and
theoretical chemistry

21

394

18

Post-
doctoral Research Associate

No

No

169

20

EB-1A

Ph.D.

insect
diapause molecular physiology

14

138

22

Post-
doctoral Research Associate

No

No

174

21

EB-1A

Ph.D.

Material Science and Engineering

16

108

40

Post-
doctoral Research Associate

No

Yes

17

22

EB-1A

N/A

N/A

N/A

N/A

N/A

Singer

Yes

Yes

79

23

EB-1A

Ph.D.

Chemical Engineering

9

77

4

Post-
doctoral Research Associate

No

Yes

19

24

EB-1A

Ph.D.

Immunology

31

443

19

Staff
scientist

No

Yes

153

25

EB-1A

Ph.D.

statistical modeling

17

26

80

Senior
Science Analyst

No

Yes

61

26

EB-1A

Ph.D.

Materials Processing
and Manufacturing

25

160

53

Post-
doctoral Research Associate

No

Yes

58

27

EB-1A

Bachelor

E-commerce

N/A

N/A

N/A

general manager

Yes

No

371

28

EB-1A

Ph.D.

hematology
and telomere biology

41

1000

200

Post-
doctoral Research Associate

No

No

203

29

EB-1A

Ph.D.

Mechanical Engineering

6

28

32

Research
and Design Engineer

No

Yes

15

30

EB-1A

Ph.D.

plant genomics

35

1573

17

Senior Bioinfor-
matics Engineer

No

Yes

14

31

EB-1A

Ph.D.

Biomedical Engineering ,

22

217

10

Post-
doctoral Research Associate

No

Yes

12

32

EB-1B

Ph.D.

optical interferometry and
profilometry

4

29

11

Staff
Seismic Imaging Analyst

No

No

30

33

EB-1B

Ph.D.

Electrical Engineering

10

32

19

Senior Software Designer

No

No

135

34

EB-1B

Ph.D.

electrical engineering

2

0

13

Hardware Engineer

No

Yes

7

35

EB-1B

Ph.D.

Distributed Digital Signal Processing

19

23

100

Research Engineer

Yes

Yes

69

36

EB-1B

Ph.D.

Materials Science and Engineering

22

92

68

Assistant Professor

No

Yes

39

37

EB-1C

N/A

N/A

N/A

N/A

N/A

CEO

Yes

No

158

38

EB-1C

N/A

N/A

N/A

N/A

N/A

Executive Director

Yes

No

365

39

EB-1C

N/A

N/A

N/A

N/A

N/A

Executive Chairman

Yes

No

171

40

EB-1C

N/A

N/A

N/A

N/A

N/A

VP for marketing

Yes

No

189

41

EB-1C

N/A

N/A

N/A

N/A

N/A

Executive Director

Yes

No

399

42

EB-1A

Ph.D.

materials
and electro-
chemical engineering

21

84

54

Post-
doctoral Research Associate

No

No

190

43

EB-1B

Ph.D.

operations research

3

27

26

Research Software Engineer

Yes

No

80

44

EB-1A

Ph.D.

applied mathematics

5

80

11

Post-
doctoral Research Associate

No

No

103

45

EB-1C

N/A

N/A

N/A

N/A

N/A

CEO

No

No

61

46

EB-1A

Ph.D.

computer science

9

138

19

Software Engineer

No

No

63

47

EB-1B

Ph.D.

digestive disease

15

69

5

Research Scientist

No

Yes

26

48

EB-1B

Ph.D.

biological science

24

300

1

Senior Investi-
gator

No

No

207

49

EB-1B

Ph.D.

information systems

6

0

20

research scientist

Yes

Yes

104

50

EB-1A

Ph.D.

theoretical
and computational chemistry

20

228

17

Post-
doctoral Research Associate

No

Yes

25

51

EB-1B

Ph.D.

Computer Science

2

81

36

Sr.
Research Scientist

No

Yes

10

52

EB-1A

Ph.D.

volleyball

11

0

4

research coach

No

No

75

53

EB-1B

Ph.D.

Protein Biochemistry

11

95

0

Post-
doctoral Research Associate

No

Yes

14

54

EB-1B

Ph.D.

advanced process
control and optimization

7

72

16

Senior Research Engineer

No

No

48

55

EB-1B

Ph.D.

Aerospace
and
Mechanical Engineering

16

73

32

Senior Scientist

Yes

No

81

56

EB-1B

Ph.D.

Applied Mathematics

30

171

11

Assistant Professor

No

No

74

57

EB-1A

Ph.D.

Applied Mathematics

30

171

11

Assistant Professor

No

No

75

58

EB-1B

Master

materials chemistry

8

334

6

Staff
Scientist

Yes

No

129

59

EB-1A

Ph.D.

electrical
and
computer engineering

4

48

22

Research Scientist

No

No

143

60

EB-1A

Ph.D.

Computer
Vision

2

645

64

Senior Research Scientist

No

Yes

7

61

EB-1B

Ph.D.

Computer Science

7

19

16

Assistant Professor

No

No

58

62

EB-1B

Ph.D.

biotechnology

9

50

1

Scientist

No

No

35

63

EB-1A

Ph.D.

genetic and environ-
mental epidemiology

16

116

15

Post-
doctoral Research Associate

No

No

85


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

 

(07/17/2012)