From April to June 2010, our firm received 38 NIW case approvals. USCIS approved 29 of these cases without a request for evidence.

Out of the 38 NIW cases approved in the past three months, most applicants had a Ph. D. However, 4 of these applicants, or approximately 11%, only had a Master’s degree. Among those with Master’s degrees, one applicant works in Synthetic Chemistry; the other three work in Engineering. Of these four applicants, three had published work and none had ever participated in peer review. Furthermore, we had one applicant who studies the effect of video games on adolescents. Though this applicant has a Ph.D., she only had 2 published articles and 4 peer reviews at the time of filing. Essentially, such information tells us that USCIS lessens its standards for aliens who work in unique fields. 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. 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 Education and Chemistry. The average number of journal papers published among this lot of applicants was 11. The average of number of reviews conducted was 4. The average processing time for these applicants was 110 days or roughly three and a half months. The longest it took to approve an application was 465 days, while the shortest was 22 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 experienced delays in processing NIW applications. Consequently, we got less NIW approvals: from January to March 2010, our firm received 93 NIW case approvals; from April to June 2010, our firm only received 38 NIW case approvals. In addition, from January to June 2010, our firm received 101 EB-1 case approvals.

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.  

For more information on the 38 NIW cases approved from April to June 2010, please refer to the table below.