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From July to September 2010, our firm received 37 NIW case approvals. USCIS approved 32 of these cases without a request for evidence. Thus，from January to September 2010, our firm received 168 NIW case approvals. In addition, from January to September 2010, our firm also received 127 EB-1 case approvals.

Out of the 37 NIW cases approved in the past three months, most applicants had a Ph. D. However, 5 of these applicants, or approximately 14%, only had a Master’s degree. Furthermore, we had one applicant who has a Ph.D. degree in Music and works as a pianist.  Some applicants do postdoctoral research in agriculture or education fields. As these areas are less saturated than other more popular fields like the medical sciences, applicants are not only competing against a smaller pool, but more than likely, one not as strong. Similarly, those who work in fields related to medicine and biology are forced to compete with a large number of applicants. Of which, USCIS can only approve the strongest.

Those who work as a “postdoctoral researcher”, “research assistant/associate/fellow” or any other similar title mainly conduct research, produce papers, and attend conferences. Because of the nature of scientific work, such applicants find it easier to show that they have exerted national influence and sustained a past record of achievement through more objective evidence (i.e. citations, downloads, commercialization of work, etc). Of course, this should not discourage you from applying if you feel you lack such evidence. On the contrary, each case varies and USCIS could deem your particular qualifications and skill set to be of intrinsic merit to the United States. As shown above, USCIS does not adjudicate petitions solely on the basis of concrete numbers. With our highly experienced attorneys, we will help you highlight your strongest professional assets, while downplaying your weaker ones.    

In addition to the above, we have also compiled other relevant data from our sample. Among the sample of approved applicants, most conduct research in Engineering, Medical, and Biology related fields while a few approved applicants also work in Agriculture, Education, and Physics related fields. The average number of journal papers published among these applicants was 9. The average number of citations was 38. The average processing time for these applicants was 126 days or more than four months. The longest it took to approve an application was 451 days, while the shortest was 61 days.  USCIS aims to adjudicate National Interest Waiver petitions in 4 months. However, the national average for processing NIW applications is around 12.3 months. Before the economic downturn, it was, in our personal experience, much easier for NIW petitioners to receive approval. Now, with less domestic jobs available for U.S. citizens, USCIS has experienced delays in processing NIW applications. Consequently, we have received less NIW approvals. From January to March 2010, our firm received 93 NIW case approvals. From April to June 2010, our firm only received 38 NIW case approvals. From July to September 2010, our firm received 37 NIW case approvals.

Again, before you start the application process, it is imperative that you consult a highly trained legal professional, particularly since USCIS has experienced delays in processing NIW applications. By consulting with an attorney at our firm, you will learn not only learn about your options, but also specific application strategies for your immigration needs.  

For more information on the 37 NIW cases approved from July to September 2010, please refer to the table below.

 

Client	Degree	Research field	Journal papers	Citations	Job title	Processing days
1	Ph.D.	Biostatistics	4	8	Senior Biostatistician	93
2	Ph.D.	Medical imaging analysis	5	2	Postdoctoral Fellow	68
3	Ph.D.	Cardiovascular research	2	0	Physician	168
4	Ph.D.	Neuroscience	4	2	Postdoctoral Fellow	63
5	Ph.D.	Neuroscience	18	84	Postdoctoral Fellow	69
6	Ph.D.	Education - Psychology	2	0	Postdoctoral Fellow	67
7	Ph.D.	Cancer	9	85	Postdoctoral Fellow	61
8	Ph.D.	Materials science	11	0	Research Scientist	451
9	Ph.D.	Neuroscience	11	45	Postdoctoral Fellow	81
10	Master	Bioinformatics	7	0	Research Analyst	106
11	Ph.D.	Physics	11	18	Postdoctoral Fellow	67
12	Ph.D.	Biochemistry	8	2	Research Fellow	138
13	Ph.D.	Biomedical optics	11	0	Research Assistant	159
14	Ph.D.	Biomedical research	23	412	Research assistant	132
15	Ph.D.	Agricultural research	8	6	Postdoctoral Fellow	101
16	Ph.D.	Cancer	8	21	Postdoctoral Fellow	78
17	Master	Synthetic/medicinal chemistry	7	57	Medicinal Chemist	122
18	Ph.D.	Cardiology	9	11	Medical doctor	98
19	Ph.D.	Cardiovascular and Environmental Health Sciences	13	44	Postdoctoral Fellow	185
20	Ph.D.	Proteomic science	10	191	Postdoctoral Fellow	126
21	Ph.D.	Food microbiology and food safety	10	10	Postdoctoral Fellow	90
22	Ph.D.	Physics	10	0	Postdoctoral Fellow	67
23	Ph.D.	Piano	N/A	N/A	Musician	155
24	Ph.D.	Electrical engineering	14	4	Research Engineer	278
25	Ph.D.	Cancer	15	149	Postdoctoral Fellow	98
26	Ph.D.	Cell and molecular biology	6	0	Senior Research Associate	119
27	Ph.D.	Public health	6	21	Assistant Professor	103
28	Ph.D.	Chemical engineering	9	23	Research Engineer	113
29	Master	Structural Eng & Advanced sensor development	19	0	Research Assistant	219
30	Ph.D.	Computational Methods & Engineering Mathematics	16	99	Senior Research Scientist	113
31	Ph.D.	Mechanical Engineering	7	22	Postdoctoral Fellow	126
32	Ph.D.	Electrical engineering	1	0	Electrical Engineer	124
33	Ph.D.	Physiology	7	0	Research associate	134
34	Master	Geosciences	3	6	Permanent Expat Assignment	117
35	Ph.D.	Cell Biology & Pathology	3	0	Research Fellow	122
36	Ph.D.	Dental science	12	23	Adjunct Instructor	119
37	Master	Biotechnology	5	15	Research Scholar	119

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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 fourteen 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

 

(10/24/2010)

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