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From April to June 2011, our firm received 42 EB-1 case approvals: 20 EB-1(a), 20 EB-1(b), and 2 EB-1(c). USCIS approved 31 of these cases without a request for evidence.  In addition, from April to June 2011, our firm also received 23 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 a software engineer.  His EB-1 (a) was approved with 8 days without 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 16. The average of number of reviews conducted was 9. The average processing time for these applicants was 205 days or nearly seven months. The longest amount of time it took to approve an application was 565 days, while the shortest was 4 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 first quarter of 2011. 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, premium process was adopted in filing 16 out of the 42 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 fulfil 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 42 EB-1 cases approved from April to June 2011, please refer to the table below.

Client	Case Type	Degree	Research field	Journal papers	Reviews	Job title	RFE	Premium processing	Processing days
1	EB-1A	Ph.D.	Computer Science	2	1	Data Analyst/Engineer	No	No	221
2	EB-1A	Ph.D.	epidemiological	18	18	Postdoc	No	Yes	136
3	EB-1A	Ph.D.	Computer engineering	10	31	Software development engineer	No	No	204
4	EB-1A	Ph.D.	Electrical Engineering	75	31	design engineer	Yes	No	400
5	EB-1A	Ph.D.	Physics	9	24	PostDoc	No	No	565
6	EB-1A	Ph.D.	Statistical Modeling	7	0	Financial Modeler	No	No	182
7	EB-1A	Ph.D.	mechanical engineering	13	7	PostDoc	Yes	No	433
8	EB-1A	Ph. D.	nanotechnology	27	3	PostDoc	Yes	Yes	238
9	EB-1A	Ph.D.	biomedical sciences	9	3	Scientist	Yes	No	391
10	EB-1A	Ph.D.	Diabetes	18	6	PostDoc	Yes	No	187
11	EB-1A	Ph.D.	Neuroscience	17	13	Postdoc	No	Yes	13
12	EB-1A	master	data mining	1	1	Software Engineer	No	No	8
13	EB-1A	Ph.D.	nanotechnology	21	7	PostDoc	No	No	93
14	EB-1A	Ph. D.	microbiology	15	3	PostDoc	Yes	No	282
15	EB-1A	Ph.D.	computer and information systems	8	25	Assistant professor	Yes	No	337
16	EB-1A	N/A	Traditional Chinese music	N/A	N/A	Musician	No	No	236

17	EB-1A	Ph.D.	Cancer	17	1	Assistant scientist	Yes	Yes	419
18	EB-1A	Ph.D.	ballistic-impact-materials	35	0	PostDoc	No	Yes	228
19	EB-1A	Ph.D.	chemical engineering	19	20	PostDoc	Yes	No	260
20	EB-1A	Ph.D.	endocrinology	30	21	PostDoc	No	Yes	188
21	EB-1B	Ph.D.	Biometrics	12	34	Assistant professor	No	No	125
22	EB-1B	Ph.D.	Aerospace Engineering	8	0	Aerodynamic Engineer	Yes	Yes	79
23	EB-1B	Ph.D.	Medical image	2	2	Scientist	No	No	137
24	EB-1B	Ph.D.	mechanical engineering	14	9	Senior research engineer	No	Yes	194
25	EB-1B	Ph. D.	Veterinary medicine	97	5	Senior Veterinary Surgeon	No	No	204
26	EB-1B	Ph.D.	Cancer Immunology and AIDS	12	0	Research Fellow	No	Yes	146
27	EB-1B	Ph.D.	reliability engineering	7	2	Software Reliability Engineer	No	Yes	15
28	EB-1B	Ph.D.	biomedical research	19	1	PostDoc	No	Yes	243
29	EB-1B	Ph.D.	Computational Analysis and Modeling	3	5	Computational scientist	No	No	251
30	EB-1B	Ph.D.	Cardiac research	7	2	Research Associate	No	Yes	4
31	EB-1B	Ph.D.	mechanical engineering	6	3	Research Engineer	No	Yes	270

32	EB-1B	Ph.D.	Biochemistry	7	0	Instructor	No	Yes	68
33	EB-1B	Ph.D.	Biomedical	4	15	PostDoc	No	No	172
34	EB-1B	Ph.D.	electrical engineering	9	9	Engineer	No	Yes	11
35	EB-1B	Ph. D.	chemistry	17	1	Research Associate	No	No	173
36	EB-1B	Ph.D.	child development and education	17	18	Senior Research Associate	No	No	338
37	EB-1B	Ph.D.	Environmental science	7	10	Senior environmental scientist	No	Yes	12
38	EB-1B	Ph. D.	computer science	8	4	assistant professor	No	No	188
39	EB-1B	Ph.D.	Miniature analysis	6	9	Research Scientist	No	No	309
40	EB-1B	Ph.D.	Mech. Engineering	20	5	Senior Research Scientist	No	No	222
41	EB-1C	Master	N/A	N/A	N/A	Country manager	Yes	No	272
42	EB-1C	N/A	N/A	N/A	N/A	CTO	No	No	165

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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

 

(08/17/2011)