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

 

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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

 

(01/19/2012)