From April to June 2013, our firm received 59 EB-1 case approvals: 41 EB-1(a), 15 EB-1(b) and 3 EB-1(c). USCIS approved 41 of these cases without a request for evidence. In addition, from April to June 2013, our firm also received 85 NIW case approvals. For January to June 2013, our firm received 111 EB-1 approvals and 184 NIW approvals.

Out of the 59 EB-1 cases approved in the past three months, most applicants had a Ph. D. and conducted scientific research. Among samples of approved applicants, most conduct research in medical science, biology, and engineering, while others focus on mathematics, accountancy, ballet and classical dance, etc.

Ph.D.	54
Master	2
Bachelor	1
Others	2

Three of the most popular job titles for applicants who received approval were that of a “postdoctoral research associate”, “research scientist” and “assistant professor”. 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 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 median number of journal papers published among these applicants was 13. The median number of citations was 115. The median number of reviews conducted was 22. The average processing time for these applicants was 114 days or less than four months. The longest amount of time it took to approve an application was 455 days, while the shortest was 10 days.

Median number of journal papers	13
Median number of citations	115
Median number of reviews	22
average processing days	114

 

 

 

 

Finally, premium process was adopted in filing 27 out of the 59 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 fulfill 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.

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. 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 endeavor.

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 59 EB-1 cases approved from April to June 2013, please refer to the table below.

Client	Case Type	Degree	research field	Journal papers	Citations	reviews	job title	RFE	Premium Proc- essing	Pro- cessing days
1	EB-1A	Bachelor	ballet and classical dance	N/A	N/A	N/A	Dancer	Yes	No	194
2	EB-1A	Ph.D.	wireless sensor networks	3	106	73	System Architect	No	No	202
3	EB-1A	Ph.D.	Biophysical Methodology	18	142	24	Researcher	Yes	No	165
4	EB-1A	Ph.D.	Chemistry	13	89	N/A	Professor	Yes	Yes	115
5	EB-1A	Ph.D.	Food Safety	13	72	103	Visiting Scientist	No	No	136
6	EB-1A	Ph.D.	petroleum engineering	8	N/A	29	Senior Petroleum Engineer	No	Yes	61
7	EB-1A	Ph.D.	Physics	11	114	27	Postdoctoral Fellow	Yes	No	213
8	EB-1A	Ph.D.	Engineering	10	110	29	Postdoc Scholar	No	No	177
9	EB-1A	Ph.D.	psychology	19	130	60	Research Specialist	No	No	52
10	EB-1A	Ph.D.	Agricultural Engineering	21	179	18	Research Associate	No	Yes	182
11	EB-1A	Ph.D.	Cardiova- scular Biology	13	49	23	Research fellow	No	No	164
12	EB-1A	Ph.D.	organic chemistry	12	236	14	Research Associate	No	Yes	149
13	EB-1B	Ph.D.	Aerospace Engineering	16	23	40	Research Engineer	No	Yes	23
14	EB-1A	Ph.D.	petroleum engineering	9	65	152	R&D Scientist	No	No	102
15	EB-1A	Ph.D.	materials science	17	231	22	Research scientist	No	Yes	61
16	EB-1A	Ph.D.	mathematics	101	1652	N/A	Mathematician	No	Yes	17
17	EB-1A	Ph.D.	psychology	11	90	16	Postdoctoral Fellow	Yes	Yes	455
18	EB-1A	Ph.D.	complex fluids	17	250	14	Assistant Professor	Yes	Yes	180
19	EB-1A	Ph.D.	materials science	36	376	10	Project Scientist	No	No	180
20	EB-1B	Ph.D.	organic chemistry	10	107	12	R&D Chemist	Yes	Yes	33
21	EB-1B	Ph.D.	Immunology	7	393	0	Research Associate	No	Yes	12
22	EB-1B	Ph.D.	Mechanical Engineering	11	45	11	Assistant Professor	No	No	167
23	EB-1A	Ph.D.	MRI	14	15	7	Postdoctoral Research Scholar	Yes	No	301
24	EB-1A	Ph.D.	engineering mechanics	15	152	17	Postdoctoral Research Scholar	No	Yes	159
25	EB-1B	Ph.D.	Accountancy	4	12	1	Assistant Professor	No	Yes	13
26	EB-1B	Ph.D.	Materials Science	11	19	28	Process Development Engineer	No	Yes	150
27	EB-1A	Ph.D.	information systems	9	68	30	Quantitative analyst	No	No	65
28	EB-1A	Ph.D.	Computer Science	13	57	70	Research Assistant	Yes	Yes	151
29	EB-1B	Ph.D.	Power Engineering	6	151	30	Engineering Systems Analyst	No	Yes	34
30	EB-1B	Ph.D.	surgical robotics	8	93	16	Director of System Engineering	No	Yes	13
31	EB-1A	Ph.D.	Polymer science	16	135	11	Visiting Scientist	Yes	No	71
32	EB-1B	Ph.D.	computer science	17	121	47	Technical Staff	No	Yes	17
33	EB-1A	Ph.D.	cardiovascular medicine	36	560	27	Postdoctoral Research Fellow	No	No	54
34	EB-1C	Master	Computer science	N/A	N/A	N/A	Manager	No	No	89
35	EB-1A	Ph.D.	toxicology	17	52	39	Research Scientist	Yes	Yes	186
36	EB-1B	Ph.D.	sustainable energy	7	216	5	Research Fellow	No	No	34
37	EB-1A	Ph.D.	Biomedical Research	11	247	17	Post-Doctoral Research Fellow	No	Yes	17
38	EB-1A	Ph.D.	Cancer	22	191	47	Researcher	No	No	46
39	EB-1B	Ph.D.	materials science	9	35	18	Senior Project Manager	No	No	58
40	EB-1A	Ph.D.	Medical physics	18	238	32	Medical Physics Resident	No	Yes	125
41	EB-1B	Ph.D.	ophthal- mology	18	319	22	Postdoctoral fellow	No	No	32
42	EB-1B	Ph.D.	organic synthesis	18	397	1	Researcher	Yes	No	293
43	EB-1A	Ph.D.	nanotech- nology	62	631	42	Assistant Professor	No	No	71
44	EB-1A	Ph.D.	Applied Economic Theory	20	542	12	Professor/ Researcher	No	Yes	12
45	EB-1A	Master	Materials Science	18	223	39	Researcher	No	Yes	24
46	EB-1A	Ph.D.	biomedicine	49	179	16	Postdoctoral associate	No	No	62
47	EB-1A	Ph.D.	Dentistry	6	N/A	N/A	Dentist	Yes	No	108
48	EB-1A	Ph.D.	organic chemistry	16	193	5	Researcher	Yes	Yes	322
49	EB-1B	Ph.D.	engineering	7	61	23	Post Doctoral Appointee	No	Yes	10
50	EB-1A	Ph.D.	biomedical	14	92	18	Categorical resident	No	No	91
51	EB-1C	N/A	N/A	N/A	N/A	N/A	Manager	Yes	No	233
52	EB-1A	Ph.D.	computer science	11	115	10	Assistant Professor	No	No	87
53	EB-1A	Ph.D.	Genomics	6	344	10	Postdoctoral Researcher	No	No	70
54	EB-1B	Ph.D.	biomedical	12	12	9	Research Instructor	Yes	No	60
55	EB-1A	Ph.D.	neuro- science	10	46	11	Senior Research Scientist	Yes	Yes	104
56	EB-1C	N/A	N/A	N/A	N/A	N/A	Manager	No	No	64
57	EB-1A	Ph.D.	Chemistry	7	81	34	Senior Scientist	No	No	312
58	EB-1A	Ph.D.	Chemistry	18	156	42	Postdoctoral Associate	Yes	Yes	34
59	EB-1A	Ph.D.	liquid dynamics	21	108	14	Postdoctoral Research Associate	No	No	109

 

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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 seventeen 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, P.C.

Silicon Valley • New York • Los Angeles • Chicago • Houston • Austin • Seattle

Tel:	1-800-230-7040, 713-771-8433
Email:	info@hooyou.com
website:	http://www.hooyou.com

 

(07/08/2013)