From July to September 2013, our firm received 55 EB-1 case approvals: 41 EB-1(a), 12 EB-1(b) and 2 EB-1(c). USCIS approved 41 of these cases without a request for evidence. In addition, from July to September 2013, our firm also received 123 NIW case approvals. For January to September 2013, our firm received 166 EB-1 approvals and 307 NIW approvals.

Out of the 55 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, accounting, industrial design, etc.

Ph.D.	46
Master	4
Bachelor	1
Others	4

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 112. The median number of reviews conducted was 16. The average processing time for these applicants was 107 days or less than four months. The longest amount of time it took to approve an application was 298 days, while the shortest was 7 days.

Median number of journal papers	13
Median number of citations	112
Median number of reviews	16
average processing days	107

 

 

 

 

Finally, premium process was adopted in filing 23 out of the 55 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 55 EB-1 cases approved from July to September 2013, please refer to the table below.

Client	Case Type	Degree	research field	Journal papers	Citations	reviews	job title	RFE	Premium Proce- ssing	Proce- ssing days
1	EB-1A	Ph.D.	Microbiology	7	75	15	Postdoctoral Research Associate	No	Yes	47
2	EB-1A	Ph.D.	mathematics	15	366	4	Quantitative Analyst	No	No	53
3	EB-1B	Ph.D.	Power electronics	3	126	15	System Engineer	No	Yes	30
4	EB-1C	N/A	N/A	N/A	N/A	N/A	CEO	No	No	97
5	EB-1A	Master	industrial design	N/A	N/A	N/A	Industrial Designer	No	No	235
6	EB-1A	Ph.D.	construction technology	20	35	N/A	Research Fellow	Yes	Yes	100
7	EB-1A	Ph.D.	liquid dynamics	21	108	14	Postdoctoral Research Associate	No	No	121
8	EB-1A	Master	Fiber-optic Communications	6	328	11	Optical Systems Engineer	Yes	No	138
9	EB-1B	Ph.D.	Instructional Technology	6	77	13	assistant professor	No	No	13
10	EB-1A	Ph.D.	Molecular biology	10	73	5	Research Associate	No	Yes	19
11	EB-1B	Ph.D.	quantitative economics	12	104	33	Assistant Professor	No	No	68
12	EB-1B	Ph.D.	Petroleum engineering	4	32	4	Assistant Professor	Yes	Yes	57
13	EB-1A	Ph.D.	Materials Science	23	1057	9	Postdoctoral researcher	No	No	37
14	EB-1A	Ph.D.	Molecular Biology	10	202	22	Postdoctoral researcher	No	No	65
15	EB-1A	Ph.D.	materials physics	24	328	21	Postdoctoral Researcher	No	No	236
16	EB-1B	Ph.D.	physics	6	21	8	Senior Research Scientist	No	Yes	28
17	EB-1A	Ph.D.	engine modeling	18	37	44	Researcher	No	No	235
18	EB-1A	Ph.D.	Mathematical modeling	4	95	16	Financial Analyst	No	No	49
19	EB-1A	Bachelor	Information Technology	N/A	N/A	N/A	Consulting Solutions Architect	Yes	Yes	77
20	EB-1A	N/A	fashion industry	N/A	N/A	N/A	fashion designer	Yes	No	19
21	EB-1A	Ph.D.	Mechanical Engineering	8	55	22	Mechanical Engineer	No	No	76
22	EB-1A	Ph.D.	data mining	14	800	16	Research Scientist	Yes	Yes	195
23	EB-1A	Ph.D.	Structural and Biological Engineering	11	50	15	Postdoctoral Research Associate	Yes	No	225
24	EB-1A	Ph.D.	Neuroscience	9	335	25	Postdoctoral Research Associate	Yes	Yes	112
25	EB-1A	Ph.D.	Computer Science and Information Technology	8	105	14	Computer Scientist	No	Yes	19
26	EB-1A	Ph.D.	biochemistry	13	46	2	Research Scientist	No	No	108
27	EB-1C	N/A	N/A	N/A	N/A	N/A	VP	No	No	55
28	EB-1A	Ph.D.	applied mathematics	16	146	9	Quantitative Associate	No	No	70
29	EB-1A	Ph.D.	Medicine	12	226	69	Postdoctoral Research Associate	No	No	245
30	EB-1A	Ph.D.	Biomaterials	24	176	31	Postdoctoral Scholar	Yes	Yes	122
31	EB-1A	Ph.D.	Cancer	16	157	25	Postdoctoral Fellow	No	No	43
32	EB-1A	Ph.D.	biochemistry	6	N/A	11	Postdoctoral Fellow	No	Yes	46
33	EB-1B	Ph.D.	International economics	8	N/A	14	Assistant Professor	No	No	117
34	EB-1B	Ph.D.	Genetics	2	46	N/A	Research Scientists	No	No	53
35	EB-1A	Ph.D.	organic and medicinal chemistry	9	75	37	Research	No	Yes	252
36	EB-1A	Ph.D.	biological engineering	14	176	49		Yes	No	298
37	EB-1A	Ph.D.	chemical engineering	28	425	29	Postdoctoral fellow	No	No	30
38	EB-1B	Ph.D.	Bio-energy	18	40	3	Project Lead	No	Yes	267
39	EB-1A	Ph.D.	Electrical engineering	26	929	16	Associate Professor	No	Yes	190
40	EB-1B	Ph.D.	renewable energy	11	54	42	Research Engineer	No	Yes	33
41	EB-1B	Ph.D.	Medicinal Chemistry	19	60	11	Research Associate	Yes	Yes	207
42	EB-1A	Ph.D.	medical science	57	183	16	researcher	No	Yes	10
43	EB-1A	Master	Bio-photonics	16	651	16	Ph.D. Student	No	Yes	16
44	EB-1A	Ph.D.	biochemistry	17	100	34	Research Associate	Yes	No	126
45	EB-1A	Ph.D.	biomedical science	11	116	10	Research Fellow	No	No	259
46	EB-1A	Ph.D.	biochemistry	10	133	24	Postdoctoral fellow	No	No	118
47	EB-1B	Ph.D.	biochemistry	24	259	6	Researcher	No	No	161
48	EB-1A	Master	Geophysics	3	26	N/A	Geophysicist	No	No	61
49	EB-1A	Ph.D.	environmental engineering	47	270	13	Associate Professor	Yes	No	178
50	EB-1B	Ph.D.	accounting and taxation	4	11	3	Assistant Professor	No	Yes	32
51	EB-1A	N/A	Para-athletics	N/A	N/A	N/A	Para- athlete	No	Yes	7
52	EB-1A	Ph.D.	biometrics	16	73	42	Sr. Engineer	No	No	63
53	EB-1A	Ph.D.	chemical engineering	7	132	30	Senior Researcher	No	Yes	28
54	EB-1A	Ph.D.	manufacturing engineering	17	141	39	Engineer	No	No	232
55	EB-1A	Ph.D.	Biochemistry	10	45	96	Postdoctoral Fellow	Yes	Yes	128

 

---

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

 

(10/15/2013)