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From July to September 2011, our firm received 65 EB-1 case approvals: 41 EB-1(a), 21 EB-1(b), and 3 EB-1(c). USCIS approved 58 of these cases without a request for evidence. In addition, from July to September 2011, our firm also received 133 NIW case approvals.

Out of the 65 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 only had a Bachelor degree and specialized in Chinese tradition medical treat. Among other samples 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 14. The average of number of reviews conducted was 10. The average processing time for these applicants was 208 days or nearly seven months. The longest amount of time it took to approve an application was 591 days, while the shortest was 6 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 9 out of the 65 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 65 EB-1 cases approved from July to September 2011, please refer to the table below.

	Case Type	Degree	Research field	Journal papers	Reviews	Job Title	RFE	Premium processing	Processing time
1	EB-1A	Ph.D	Gastroenterology and hepatology	23	10	post doctoral fellow			182
2	EB-1A	Ph.D	organic chemistry	15	10	postdoctoral associate			88
3	EB-1A	Ph.D	applied mathematics	8	10	professor			111
4	EB-1A	Ph.D	chemistry engineering	8	7	engineer			285
5	EB-1A	Ph.D	organic chemistry	56	7	postdoctoral fellow			16
6	EB-1A	Ph.D	pediatric nutrition	8	8	research assistant professor			337
7	EB-1A	Ph.D	epidemiology	3	8	research assistant professor			159
8	EB-1A	Ph.D	astronomical science	24	0	program director			313
9	EB-1A	Ph.D	cell and molecular biology	6	3	postdoctoral research assistant		Yes	9
10	EB-1A	N/A	N/A	N/A	N/A	N/A			263
11	EB-1A	Ph.D	pharmaceutical science	12	49	staff fellow pharmacologist			297
12	EB-1A	Ph.D	biochemistry	17	16	retired and re-employed professor			253
13	EB-1A	Ph.D	medicine	15	10	associate professor			283
14	EB-1A	Ph.D	chemistry	14	25	postdoctoral scholar			209
15	EB-1A	N/A	N/A	N/A	N/A	N/A		Yes	12
16	EB-1A	Ph.D	condense matter physics	24	31	assistant research professor			114
17	EB-1A	Ph.D	pharmacy	25	5	associate professor		Yes	8
18	EB-1A	Bachelor	Traditional Chinese Medicine	5	4	researcher			193
19	EB-1A	Ph.D	theoretical chemistry	13	2	research scientist			283
20	EB-1A	Ph.D	plant genetics and breeding	11	5	research specialist			110
21	EB-1A	Ph.D	chemistry	12	3	post doctoral researcher			243
22	EB-1A	Ph.D	molecular biology	11	3	research scientist			292
23	EB-1A	Ph.D	neuroscience	7	5	researcher			378
24	EB-1A	Ph.D	computer science	8	14	medical physicist		Yes	265
25	EB-1A	N/A	N/A	23	11	N/A			326
26	EB-1A	N/A	N/A	N/A	N/A	N/A		Yes	6
27	EB-1A	Ph.D	psychology	27	17	graduate research			12
28	EB-1A	Ph.D	accounting	5	5	assistant professor			291
29	EB-1A	Ph.D	organic chemistry	24	7	postdoc researcher			265
30	EB-1A	Ph.D	material science and engineering	5	10	scientist			152
31	EB-1A	Ph.D	piano performance	N/A	N/A	private instructor			438
32	EB-1A	Ph.D	structures and materials	10	15	senior engineer			257
33	EB-1A	Ph.D	human genetics	12	20	postdoc fellow			278
34	EB-1A	Master	clinical research	39	3	research specialist			155
35	EB-1A	Ph.D	pharmaceutical science	23	19	N/A			412
36	EB-1A	Ph.D	mechanical engineering	6	N/A	research scientist			109
37	EB-1A	Ph.D	chemistry	22	9	assistant research professor			132
38	EB-1A	Ph.D	medical engineering	16	12	assistant professor			201
39	EB-1A	Ph.D	transportation engineering	9	34	faculty research associate			286
40	EB-1A	Ph.D	genetics	18	7	research assistant professor			77
41	EB-1A	Ph.D	microelectronics	20	12	postdoctoral researcher			368
42	EB-1B	Ph.D	biochemistry and molecular biology	10	13	associate professor			228
43	EB-1B	Ph.D	physics	15	15	research engineer	Yes		315
44	EB-1B	Ph.D	electrical engineering	3	12	research scientist	Yes		386
45	EB-1B	Ph.D	bioinformatics	8	1	senior biostatistician			124
46	EB-1B	Ph.D	polymer chemistry	5	0	chemist			91
47	EB-1B	Ph.D	biochemistry	27	12	researcher	Yes	Yes	52
48	EB-1B	N/A	N/A	N/A	N/A	N/A			107
49	EB-1B	Ph.D	electrical engineering	3	10	technical staff			124
50	EB-1B	Ph.D	chemistry	16	1	assistant professor	Yes	Yes	47
51	EB-1B	Ph.D	management science	10	14	assistant professor			446
52	EB-1B	Ph.D	bioimaging science and technology	3	0	formulation scientist	Yes		326
53	EB-1B	Ph.D	bioengineering	8	25	research instructor		Yes	12
54	EB-1B	Ph.D	biochemistry	4	1	scientist			132
55	EB-1B	Ph.D	hematology	26	5	research fellow			236
56	EB-1B	Ph.D	international studies	4	0	assistant professor			400
57	EB-1B	N/A	N/A	N/A	N/A	N/A			591
58	EB-1B	Ph.D	genetics	23	4	associate research scientist			242
59	EB-1B	N/A	N/A	N/A	N/A	N/A			125
60	EB-1B	Ph.D	physiology	4	0	research scientist			215
61	EB-1B	Ph.D	medical science	32	5	research associate			286
62	EB-1B	Ph.D	finance	10	11	assistant professor		Yes	11
63	EB-1C	N/A	N/A	N/A	N/A	sales manager	yes		323
64	EB-1C	N/A	N/A	N/A	N/A	N/A	yes		101
65	EB-1C	N/A	N/A	N/A	N/A	chairman and secretary			143

 

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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

 

(10/20/2011)