 |
 |
|
|
 |
Summary and Analysis of Eb-1 Cases Approved in August Under the current economic downturn, many U.S. employers are not willing to sponsor employees for an I-140 or PERM. In particular, because mainland Chinese or Indian born applicants are restrained from visa retrogression in the EB-2 category, more and more people have chosen to submit EB-1 applications. Many people have retained us for EB-1 petitions this year. We at Zhang & Associates, P.C. always work on our clients’ cases with the utmost level of quality and professionalism, resulting in a high approval rate. Twenty-nine Eb-1 cases were approved in the month of August alone. Among the approved cases, 18 were Eb-1(a) and 11 were Eb-1(b). . After an analysis of the cases approved in August, we have come up with some basic statistical information to serve as a guide, in case you have already filed an Eb-1 or are considering filing an Eb-1. Generally speaking, most of the approved applicants have a Ph.D. However, some do not. For instance, one applicant is a professional dancer; another coaches kung fu. This is not to say that your chances of approval are lower if you do not have an advanced degree. The Eb-1 category is reserved for those who have displayed extraordinary ability, research, or professorship in ANY field of endeavor. Researchers with Ph.D.s have a much easier time showing concrete evidence to fulfill Eb-1 requirements; this is because the nature of their field as a whole is production driven, meaning they constantly engage in presentations, conferences, and the submission of research articles for publication. This partially explains why the number of advanced degree holders receiving approval is disproportionately high in comparison to non-advanced degree holders. Again, this should not discourage prospective applicants from applying. As illustrated by the two examples above, one can work in nearly any field. As long as an applicant meets three out of the ten requirements and can demonstrate these clearly, he or she should receive approval from USCIS. To see what these requirements are, please click on the following link. The applicants approved this month work in a variety of fields. The medical/biological field is the most common, constituting nearly 1/3 of our approved applicants. Engineering represents the second highest occupation among our approved applicants this month. Other fields include finance, East Asian languages, statistics, kung fu, dance, physics, etc. Most of the applicants have published work. On average, each applicant has around 20 published papers. This number is just the mean value. Within our applicants, there is quite a marked variation, ranging from zero publications to well over one-hundred. To give you a better approximation of our approved applicants, the median number of publications is 13 and the mode is 10. Out of all 29 EB-1 cases approved in August, only 6 cases required a request for evidence (RFE). Upon submitting an application to USCIS, an officer has the ability to approve, deny, or provide a request for evidence in the event that there is insufficient evidence. As such, an applicant should always emphasize his or her three strongest requirements, which will impress and convince an officer that an applicant fulfills these requirements. If an applicant does not have membership that requires past achievements or significant national awards, we have found through our experience that there is no need to mention such awards or membership. Discussion of unqualified points not only distracts officers, but could also trigger them to challenge other qualified points. Eleven out of the 29 EB-1 cases were submitted via premium processing. A lot of clients worry that a premium request for EB-1 will trigger an RFE or a denial. For strong cases, premium processing should not be an issue. One client in particular was hesitant to request premium processing, even though he had a strong case. Upon submission of his application, his case was approved in seven days. The decision to submit an application through premium processing should always be discussed with your attorney. If you have an average or weak case, please be careful of premium processing, as it may speed up a result not in your favor. Processing time is considered the period extending from the filing date to the date that an applicant receives an approval notice. On average, these cases were processed in 121 days. This complies with USCIS’ pledge to process I-140 applications in four months or less. The longest case took 645 days for USCIS to approve; the shortest case took only seven. The median and mode are 64 and 63 days, respectively. Again, the above analysis is to provide you with general information regarding the approval of Eb-1 cases in the month of August. If you do not meet the average criteria laid out here, this does not mean that your case will not be approved. No two Eb-1 applicants are exactly the same; each has different qualifications and accomplishments. Therefore, it is important to remember that your application should highlight your three strongest points and downplay any weak ones you may have; this is the best way to ensure that your application is approved. Partial information on the 29 EB-1 cases approved in August is as follows:
------ (09/18/2009) For more immigration news, please click here |
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
"The best way to |
| New York | Houston | Chicago | Austin | Los Angeles | |||
