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From July to September 2010, our firm received 26 EB-1 case approvals: 16 EB-1A, 9 EB-1B, and 1 EB-1C. USCIS approved 15 of these cases without a request for evidence. From January to September 2010, our firm received 127 EB-1 case approvals. In addition, from January to September 2010, our firm also received 168 NIW case approvals.

Out of the 26 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-1A approval for an applicant who has a master degree in petroleum engineering and worked for an oil company as an engineer. Among the sample of approved applicants, most conducted research in medical science, biology, and engineering, while others focused on computer science, and finance, etc.

Three of the most popular job titles for applicants who received approval were thoseof a “postdoctoral associate”, “assistant professor” and “research scientist”. Those specializing in these occupations mainly conducted research, produced papers, and attended 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 14. The average of number of reviews conducted was 16. The average processing time for these applicants was 106 days, or about three and half a months. The longest it took to approve an application was 204 days, while the shortest was 10 days.  Based on the data we compiled, it appears that the average processing time for our applicants is shorter than what USCIS typically promises (around 4 months).

Finally, only 4 out of the 26 EB-1 cases were sent via premium processing. 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 Request for Evidence (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.

Again, 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. 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.

For more information on the 26 EB-1 cases approved from July to September 2010, please refer to the table below.

Client	Case Type	Research field	Journal papers	Reviews	Job title	Processing days
1	EB-1A	speech and audio signal processing and artificial intelligence	5	7	Technical Manager	43
2	EB-1A	high-speed networking and high-performance computing research	32	93	Research Associate	89
3	EB-1A	neurobiology therapies	7	0	Postdoctoral Associate	48
4	EB-1A	materials science and engineering	11	7	Research Assistant	71
5	EB-1A	Petroleum engineering	4	7	Project Lead Engineer	49
6	EB-1A	Medical Physics and Biomedical Engineering	4	8	Physicist Assistant	165
7	EB-1A	Cancer	7	2	Research Associate	13
8	EB-1A	Neuroscience	33	14	Postdoctoral Associate	172
9	EB-1A	medical science	18	16	Research Associate	139
10	EB-1A	Optical Engineering	15	20	Research Scientist	71
11	EB-1A	computer networks and communications	27	10	Visiting professor	10
12	EB-1A	medical science	7	3	Research Associate	195
13	EB-1A	Computer Science	3	17	Assistant Professor	204
14	EB-1A	Ophthalmology	25	7	Postdoctoral Associate	186
15	EB-1A	Biological Sciences	22	19	Postdoctoral Associate	151
16	EB-1A	Materials Science and Engineering	16	4	Research Associate	200
17	EB-1B	Astronautical engineering	17	45	Assistant Professor	87
18	EB-1B	Electrical and Computer engineering	5	23	R&D Scientist	57
19	EB-1B	radiation oncology	6	5	Senior Associate Medical Physicist	76
20	EB-1B	Finance	12	16	Assistant Professor	88
21	EB-1B	management science and information systems	8	35	Assistant Professor	112
22	EB-1B	Cancer	14	0	Cancer researcher	106
23	EB-1B	Storm water treatment	9	21	Product development engineer	57
24	EB-1B	optics and photonics research	12	4	Principal Engineer	76
25	EB-1B	Biomedical Engineering	26	5	Postdoctoral Associate	141
26	EB-1C	N/A	N/A	N/A	President	139

 

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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 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

 

(10/17/2010)

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