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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.

Ph.D 39
Master 1
Bachelor 0
N/A 6

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.

Journal papers on average 15
Reviews on average 23
Average processing date 168

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.

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

 

(01/19/2012)