From April to June 2010, our firm received 36 EB-1 case approvals: 20 EB-A, 14 EB-1B, and 2 EB-1C. USCIS approved 28 of these cases without a request for evidence. From January to June 2010, our firm received 101 EB-1 case approvals.

Out of the 36 EB-1 cases approved in the past three months, most applicants had a Ph. D and conducted scientific research. However, a few did not. For example, our firm received approval for applicants who had less common occupations such as that of a folk singer, visual effects personnel, and interior designer. USCIS approved the first two cases in 40 days and the last one in less than 50 days. This is significantly faster than both the firm’s as well as the national average. We can only speculate that USCIS does, to some extent, value unique occupational fields as there are very few other applicants to compete with. This example illustrates that applicants do not need to fit a particular “mold” to have a successful petition, so long as they demonstrate exceptional fulfillment of at least three of the ten criteria.

Among the sample of approved applicants, most conducted research in medical science, biology and engineering, while others focused on mathematics, computer science, and the arts.

Three of the most popular job titles for applicants who received approval were thoseof  “postdoctoral researcher”, “assistant professor” and “research scientist”. Those specializing in these occupations mainly conducted research, produced papers, and attended 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 average number of journal papers published among this lot of applicants was 13. The average number of reviews conducted was 7. The average processing time for these applicants was 94.5 days, or a little over three months. The longest it took to approve an application was 435 days, while the shortest was 4 days.  Based on the data we compiled, it appears that the average processing time for our applicants is much shorter than what USCIS typically promises (around 4 months). The fact that the EB-1 category usually remains currentpartially explains why this processing time is fast, but our firm’s highly experienced attorney’s and support staff also play a large role in speedy approvals.

Finally, only 6 out of the 36 EB-1 cases were sent via premium processing. 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 Request for Evidence(RFE) notice as a result. Given the stringent time constraints for adjudicating petitions, officers sometimes automatically issue an RFE to fulfill the 15 day processing guarantee while not having to approve or deny a petition.

Again, 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. By consulting with an attorney at our firm, you will not only learn about your options, but also specific application strategies for your immigration needs.  

For more information on the 36 EB-1 cases approved from April to June 2010, please refer to the table below.