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An Analysis of EB-1 Cases Approved from October to December 2011
From October to December 2011, our firm received 46 EB-1 case approvals: 28 EB-1(a), 16 EB-1(b), and 2EB-1(c). USCIS approved 27 of these cases without a request for evidence. In addition, from October to December 2011, our firm also received 86 NIW case approvals. For the year of 2011, our firm received 286 NIW approvals, 206 EB-1 approvals, 815 I-485 approvals, as well as 269 H-1B approvals.
Out of the 46 EB-1 cases approved in the past three months, most applicants had a Ph. D and conducted scientific research. However, there is one EB-1 (a) applicant only possessing a Master degree but receiving highly recognition in his art field. Among other samples of approved applicants, most conduct research in medical science, biology, and engineering, while others focus on computer science, physics, etc.
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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 15. The average of number of reviews conducted was 23. The average processing time for these applicants was 168 days or about five months. The longest amount of time it took to approve an application was 396 days, while the shortest was 12 days.
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.
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Finally, premium process was adopted in filing 17 out of the 46 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 46 EB-1 cases approved from October to December 2011, please refer to the table below.
# |
Case Type |
Degree |
Research Field |
Journal Paper |
Citation |
Reviews |
Job Title |
RFE |
Processing Time |
1 |
EB-1A |
Ph. D |
Materials Science |
47 |
318 |
7 |
scientist |
|
150 |
2 |
EB-1A |
Master |
Fine arts, Painting |
N/A |
N/A |
N/A |
Painter |
|
62 |
3 |
EB-1A |
Ph. D |
Pharmacology |
9 |
112 |
30 |
post doctoral fellow |
|
18 |
4 |
EB-1A |
Ph. D |
Electronic Engineering |
27 |
177 |
17 |
associate researcher |
|
105 |
5 |
EB-1A |
Ph. D |
Soil Science |
16 |
365 |
6 |
post doctoral researcher |
|
278 |
6 |
EB-1A |
Ph.D |
Electrical Engineering |
3 |
23 |
11 |
research scientist |
|
174 |
7 |
EB-1A |
N/A |
N/A |
N/A |
N/A |
N/A |
corporation president |
RFE |
327 |
8 |
EB-1A |
Ph.D |
Mathematics |
25 |
N/A |
2 |
medical physicist |
|
18 |
9 |
EB-1A |
Ph.D |
Medicine |
8 |
25 |
185 |
postdoctoral fellow |
|
66 |
10 |
EB-1A |
Ph.D |
Engineering |
11 |
30 |
129 |
engineer |
|
367 |
11 |
EB-1A |
Ph.D |
Chemistry |
27 |
28 |
330 |
research associate |
|
12 |
12 |
EB-1A |
Ph.D |
Chemistry |
18 |
14 |
463 |
post-doc |
|
24 |
13 |
EB-1A |
Ph.D |
Physiology |
14 |
5 |
360 |
research investigator |
|
17 |
14 |
EB-1A |
Ph.D |
Medical Physics |
11 |
30 |
75 |
medical physics resident |
|
99 |
15 |
EB-1A |
Ph.D |
Material Science |
11 |
457 |
N/A |
postdoctoral research associate |
|
319 |
16 |
EB-1A |
Ph.D |
Neurology |
22 |
153 |
6 |
postdoc |
RFE |
382 |
17 |
EB-1A |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
RFE |
385 |
18 |
EB-1A |
Ph.D |
Engineering |
15 |
200 |
44 |
senior specialist |
|
139 |
19 |
EB-1A |
Ph.D |
Medicine |
60 |
406 |
11 |
research fellow |
|
139 |
20 |
EB-1A |
Ph.D |
Physics |
11 |
121 |
20 |
research fellow |
RFE |
67 |
21 |
EB-1A |
Ph.D |
Microbiology and pharmacology |
15 |
123 |
26 |
research scientist |
|
18 |
22 |
EB-1A |
Ph.D |
Organic Geochemistry |
15 |
269 |
18 |
postdoc |
RFE |
143 |
23 |
EB-1A |
Ph.D |
Electrical and Computer Science |
10 |
59 |
80 |
senior specialist |
RFE |
60 |
24 |
EB-1A |
Ph.D |
Analytical Chemistry |
8 |
161 |
27 |
researcher |
|
14 |
25 |
EB-1A |
Ph.D |
Electrical Engineering |
11 |
47 |
31 |
research associate |
RFE |
23 |
26 |
EB-1A |
Ph.D |
Electrical and Computer Science |
3 |
123 |
N/A |
Associate and Vice-President |
RFE |
396 |
27 |
EB-1A |
Ph.D |
Electrical Engineering |
26 |
358 |
29 |
research associate |
|
44 |
28 |
EB-1A |
Ph.D |
Physics |
7 |
370 |
19 |
scientist |
RFE |
217 |
29 |
EB-1B |
Ph. D |
Biochemistry and Molecular Biology |
9 |
325 |
2 |
research associate |
|
159 |
30 |
EB-1B |
Ph. D |
Atmospheric Sciences |
18 |
80 |
2 |
research assistant professor |
|
14 |
31 |
EB-1B |
Ph.D |
Cell Biology |
27 |
1 |
103 |
post-doctoral research assistant |
RFE |
309 |
32 |
EB-1B |
Ph.D |
Urban Planning and Policy |
9 |
8 |
N/A |
transportation analyst |
RFE |
324 |
33 |
EB-1B |
Ph.D |
Physics |
6 |
N/A |
19 |
associate director |
|
122 |
34 |
EB-1B |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
RFE |
69 |
35 |
EB-1B |
Ph.D |
Biology |
3 |
8 |
96 |
habilitation |
|
138 |
36 |
EB-1B |
Ph.D |
Chemistry |
3 |
5 |
52 |
senior research scientist |
RFE |
296 |
37 |
EB-1B |
Ph.D |
Biology |
N/A |
N/A |
N/A |
N/A |
RFE |
254 |
38 |
EB-1B |
Ph.D |
Manufacturing Engineering |
7 |
35 |
55 |
research engineer |
RFE |
361 |
39 |
EB-1B |
Ph.D |
Chinese Literature |
19 |
181 |
5 |
associate professor |
RFE |
380 |
40 |
EB-1B |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
RFE |
38 |
41 |
EB-1B |
Ph.D |
Electrical and Computer Science |
3 |
17 |
10 |
technical staff |
|
279 |
42 |
EB-1B |
Ph.D |
Electrical and Computer Science |
8 |
30 |
25 |
associate professor |
|
14 |
43 |
EB-1B |
Ph.D |
Chemistry |
6 |
100 |
2 |
director of quality control |
RFE |
116 |
44 |
EB-1B |
Ph.D |
Mathematics and Philosophy |
6 |
23 |
N/A |
principal researcher |
|
15 |
45 |
EB-1C |
Bachelor |
N/A |
N/A |
N/A |
N/A |
executive general manager |
|
244 |
46 |
EB-1C |
Bachelor |
Accounting |
N/A |
N/A |
N/A |
chairman and manager |
RFE |
296 |
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.
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Tel: | 1-800-230-7040, 713-771-8433 |
Email: | info@hooyou.com |
website: | http://www.hooyou.com |
(01/19/2012)