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Analysis of Our EB-1A Cases for Your Reference


BY Attorney Annie Yang Mr. Jason Kiska [ July 24, 2009 at 19:51:37 ]

Given that visa number availability for people born in mainland China and India retrogressed significantly for the EB-2 category, people who wished to apply for a green card under a category like a National Interest Waiver (NIW) are now contacting us about the possibility of petitioning under the EB-1A (Alien of Extraordinary Ability) category. As is well known, the EB-1A category has high criteria for the petitioner, and many are wondering whether or not they are qualified for such a classification. Nonetheless, while it can seem somewhat challenging to meet the criteria set forth by statute for this category, it is most certainly doable, and Zhang & Associates, P.C. has had numerous success stories with individuals from various backgrounds. Attorney Annie Yang, Managing Attorney of our Chicago office, would like to share with you for a list of some of average, approved EB-1A cases that she has handled in the hopes that this information will give you additional details concerning your own case.

Case 1: Dr. A

· Education: Graduated from a prestigious U.S. university in 2006 with a PhD degree in Biology.

· Publications: Seven (7) first-authored English papers and five (5) second-authored English papers in journals such as Biochemical and Biophysical Research Communications, Desulfovibrio Vulgaris, Nucleic Acids Research, and the Journal of Experimental Biology.

· Citations: Twenty-two (22) citations

· Review Service: Performed review service for five (5) journals including Genome Biology, In Silico Biology, BMC Bioinformatics, BioTechniques, and Nucleic Acids Research.

· Recommendation Letters: Six (6) recommendation letters, including three (3) from professors in U.S. universities and three (3) from scientists at governmental research agencies.

· RFE Issued or Not: No.

· Case Processing Time: Four (4) months

Case 2: Dr. B

· Education: Graduated from a prestigious Chinese university in
1995 with a PhD degree in Signal and Image Processing; Dr. B currently resides and works in China.

· Publications: Three (3) first-authored publications in such journals as the IEEE Transactions on Biomedical Engineering, the IEEE Transaction of Image Processing and the Journal of Magnetic Resonance Imaging.

· Citations: Sixty-nine (69) citations

· Review Service: Performed review service for one (1) journal, the IEEE Transactions on Image Processing

· Recommendation Letters: Six (6) recommendation letters, four (4) of which were from private sector entities and two (2) from universities in the U.S.

· RFE Issued or Not: No.

· Case Processing Time: Eight (8) months


Case 3: Dr. C

· Education: Graduated from a prestigious U.S. university in 2005 with a PhD in Physical Chemistry.

· Publications: Fourteen (14) first-authored publications in the Journal of Materials Chemistry, the Journal of Physical Chemistry, Chemical Society Reviews, the Journal of Physical Chemistry B, the Proceedings of the SPIE – The International Society for Optical Engineering, Nano Letters, Chemical Physics Letters, and Nanoscale Materials and eight (8) second-authored publications in the Proceedings of the SPIE – The International Society for Optical Engineering, the Journal of Physical Chemistry B, and Nanoparticle Assemblies and Superstructures.

· Citations: 171 citations

· Review Service: Performed review service for two (2) journals, including Lab on a Chip and Nanotechnology

· Recommendation Letters: Four (4) recommendation letters, three (3) of which were from universities in the United States and one (1) of which was from a private entity

· RFE Issued or Not: Yes, an RFE was issued and asked for more evidence to establish that the petitioner met at least three of the criteria for the EB-1A classification. Attorney Annie Yang prepared a response letter to present the evidence that was originally submitted for the case and submitted additional citations from the petitioner. The case was approved within a month after the RFE response.

· Case Processing Time: Thirteen (13) months including the processing time for the RFE response


Case 4: Dr. D

· Education: Graduated from a prestigious U.S. university in 2005 with a PhD in Chemical and Biological Engineering

· Publications: Seven (7) first-authored publications in Eukaryotic Cell, Biotechnology Progress, and Acta Microbiologia Sinica, Pharmacogenetics and Genomics, Molecular Genetics and Metabolism, Microbiology-SGM, Candida albicans, and Biotechnology

· Citations: Forty-four (44) citations

· Review Service: Performed review service for two (2) journals, incluing Colloids and Surfaces B: Biointerfaces

· Recommendation Letters: Six (6) recommendation letters, three (3) of which were from private sector entities in the field as well as three (3) from universities in the United States

· RFE Issued or Not: No.

· Case Processing Time: Six (6) months


Case 5: Dr. E

· Education: Graduated from a prestigious Singaporean university in 2003 with a PhD degree in Chemical Engineering.

· Publications: Six (6) first-authored publications in the Journal of Physical Chemistry B, Polymer, ACS Symposium Series 916: New Polymeric Materials, and the Journal of Chemical Physics as well as three (3) second-authored publications in the Journal of Polymer Science Part B: Polymer Physics and the Journal of Chemical Physics

· Citations: Twenty-five (25) citations

· Review Service: Performed review service for one (1) journal, Polymer

· Recommendation Letters: Eight (8) recommendation letters, five (5) of which were from private entities and research labs and three (3) from universities.

· RFE Issued or Not: No.

· Case Processing Time: Ten (10) months


Case 6: Dr. F

· Education: Graduated from a prestigious U.S. university in 2007 with a PhD degree in Organic Chemistry

· Publications: Three (3) first-authored publications in Chemistry Letters, the Journal of the American- Chemical Society and Synlett as well as two (2) second- authored publications in the journal of Chemistry Letters and the Journal of the American Chemical Society.

· Citations: Fifty-six (56) citations

· Review Service: Performed review service for four (4) journals, including the Journal of the American Chemical Society, the Journal of the Organic Chemistry and Organic Letters, Angewandte Chemie International Edition, and Tetrahedron Letters: Asymmetry.

· Recommendation Letters: Nine (9) recommendation letters, two (2) of which were from private entities and research labs and seven (7) from universities

· RFE Issued or Not: No

· Case Processing Time: Eight (8) months


Case 7: Dr. G

· Education: Graduated from a prestigious U.S. university in 2004 with a PhD degree in Electrical and Computer Engineering

· Publications: Five (5) first-authored publications in the IEEE Journal of Quantum Electronics, Applied Physics Letters, and Semiconductor Information No. 4, as well as four (4) second-authored publications in Electronics Letters, IEEE Transactions on Electron Devices, the Journal of Quantum Electronics, and the Proceedings of IEEE LEOS Annual Conference

· Citations: Twenty-three (23) citations

· Review Service: Performed review service for two (2) journals, including Semiconductor Technology and Micronanoelectronics Technology

· Recommendation Letters: Six (6) recommendation letters, one (1) of which was from a private entity and five (5) from universities

· RFE Issued or Not: No

· Case Processing Time: Two (2) months


Case 8: Dr. H

· Education: Graduated from a prestigious U.S. university in 2005 with a PhD in Forest Resources

· Publications: Three (3) first-authored publications in Forest Ecology and Management and Remote Sensing of Environment and two (2) second-authored publications in Forestry Chronicle and International Forestry Review

· Citations: Thirty-nine (39) citations

· Review Service: Performed review service for two (2) journals, including Remote Sensing of Environment and Environmental Management.

· Recommendation Letters: Seven (7) recommendation letters, one (1) of which was from the U.S. Forest Service and six (6) from universities.
·
· RFE Issued or Not: Yes, an RFE was issued. Three (3) additional recommendation letters were filed in response to the RFE. Following the RFE response, the case was denied for the reason that the evidence provided did not prove that the petitioner had risen to a level as extraordinary as set forth by statute.

· Appeal: Yes, the petitioner filed the appeal to the original case processing Texas Service Center. The Service Center took the appeal as a Motion to Reopen by its own discretion and approved the case in a month.

· Case Processing Time: Nine (9) months including processing time for RFE response and appeal.

All of the above-listed EB-1A cases are successful examples, and all of them satisfied the following three criteria for the EB-1A category: 1) Original scientific contributions of major significance; 2) Authorship of scholarly articles in professional journals; and 3) Participation as a judge reviewing the work of others.

As noted above, given the significant visa number retrogression that many EB-2 category petitioners have experienced recently, it has become increasingly important for people to seek a green card through the EB-1 category. Thus, we strongly recommend that even if you have applied for permanent residency based on a National Interest Waiver, applying under an EB-1A classification would assist you in achieving your permanent residency goal much faster, especially now that premium processing is available for the EB-1A category. With premium processing, one may get the I-140 EB-1A case approved in 15 days after the case’s initial filing and a green card in a few months.

Special notice:

On Saturday July 25, 2009, senior Attorneys at Zhang & Associates will hold seminars in eight cities. Our attorneys will talk about H-1B, NIW, EB-1, PERM, etc.

Houston: 10:30am~12:00pm CST Presenter: Attorney Victor Bush
Chicago: 10:30am~12:00pm CST Presenter: Attorney Annie Yang
New York: 10:30am~12:00pm EST Presenter: Attorney Jing Amy Feng
Los Angeles: 10:30am~12:00pm PST Presenter: Attorney Daqin Zhang
Austin: 10:30am~12:00pm CST Presenter: Attorney Jeannette Liu Golubovic
Iowa city: 1:00am~2:30pm CST Presenter: Attorney Jerry Zhang
Urbana: 2:00am~3:30pm CST Presenter: Attorney Jane Xu
Boston: 2:00pm~3:30pm EST Presenter: Attorney Joe Jian Zhou

All seminars will be conducted in English. If you are interested in this seminar, please click the following link to register:
http://survey.constantcontact.com/survey/a07e2jkzkdafwy3mdt6/start

* Ms. Annie Yang is the managing attorney of Chicago office at Zhang & Associates, PC (www.hooyou.com). Ms. Yang has a proven record of hundreds of successful NIW, EB-1A, EB-1B and other I-140 cases. Ms. Yang can be reached at ayang@hooyou.com. We encourage you to send her your CV to determine whether you have a good chance to succeed under the EB-1A category. We look forward to assisting you in the near future.


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