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An Analysis of EB-1 Cases Approved from April to June 2010[7/31]

BY Zhang Associates, P.C. [ July 18, 2010 at 14:35:02 ]

From April to June 2010, our firm received 36 EB-1 case approvals: 20 EB-1(a), 14 EB-1(B), and 2 EB-1(C). USCIS approved 28 of these cases without a request for evidence. Thus,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, values 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 fulfilment of at least three of the ten criteria.
Among the sample of approved applicants, most conduct research in medical science, biology and engineering, while others focus on mathematics, computer science, and the arts.

Three of the most popular job titles for applicants who received approval were that of a “postdoctoral researcher”, “assistant professor” and “research scientist”. 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 this lot of applicants was 13. The average of 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). While the EB-1 category usually remains current, which partially explains why this processing time is fast, our firm is also highly experienced.

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 RFE notice as a result. Furthermore, in our practice, we have heard that a USCIS reviewer 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.

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.
Special notice:
National immigration law firm Zhang & Associates, P.C., is offering free immigration seminars on Saturday July 31 in six cities’ offices. Our senior attorneys will present the fundamentals of immigration law and discuss:
1. F-1 visa and related employment issues
2. H-1B visa, Quota and Strategies
3. National Interest Waiver Green Card – Even a Masters degree can get approval
4. EB-1B and EB-1A Green Card for achieved scholars
5. Green Card strategic plans for students and scholars
Date and time of the seminar:

Silicon Valley, CA
Time: 10:30 am ~ 12:00 pm PDT, Sat. July 31, 2010.
Presenter: Attorney Jerry Zhang
Address: 2225 E. Bayshore Road Suite 200
Palo Alto, CA 94303

Chicago, IL
Time: 10:30 am ~ 12:00 pm CDT, Sat. July 31, 2010.
Presenter: Attorney Annie Yang
Address: 121 W. Wacker Drive, Suite 1260
Chicago, IL 60601

New York, NY
Time: 10:30 am ~ 12:00 pm EDT, Sat. July 31, 2010.
Presenters: Attorney Joe Zhou
Address: 1350 Broadway, Suite 1710
New York, NY 10018

Los Angeles, CA
Time: 10:30 am ~ 12:00 pm PDT, Sat. July 31, 2010.
Presenter: Attorney Daqin Zhang
Address: 70 S. Lake Ave, suite 920
Pasadena, CA 91101

Houston, TX
Time: 10:30 am ~ 12:00 pm CDT, Sat. July 31, 2010.
Presenter: Attorney Victor Bush
Address: 9999 Bellaire Blvd, Suite 920
Houston, TX 77036

Austin, TX
Time: 10:30 am ~ 12:00 pm CDT, Sat. July 31, 2010
Presenter: Attorneys Jianhua Zhang and Debu Gandhi
Address: 1105 West 12th Street
Austin, Texas 78703

All seminars will be conducted in English. If you are interested in these seminars, you may register a seminar by clicking the following link:

Client Case Type Research Field Journal Papers Reviews Processing Time
1 EB-1A Molecular Biophysics 30 4 135
2 EB-1A Electrical Engineering 12 35 6
3 EB-1A Petroleum Engineering 11 21 85
4 EB-1A Visual Effects N/A N/A 40
5 EB-1A Folk Singing N/A N/A 40
6 EB-1A Computer Science 6 12 83
7 EB-1A Materials and Inorganic Chemistry 22 12 22
8 EB-1A Materials Science 7 6 58
9 EB-1A Financial Risk Management 7 0 59
10 EB-1A Immunology Research 11 6 435
11 EB-1A Tobacco Control 4 10 115
12 EB-1A Biology 20 4 161
13 EB-1A Interior Designing N/A N/A 49
14 EB-1A Medical Science 24 9 67
15 EB-1A Medical Science 7 0 35
16 EB-1A Pharmaceutical Sciences 12 0 153
17 EB-1A Bone and Cartilage Research 23 10 101
18 EB-1A Cancer Biology 8 2 343
19 EB-1A Astronomy and Astrophysics 18 10 167
20 EB-1A Electrical Engineering 12 12 98
21 EB-1B Aeroacoustics 3 0 63
22 EB-1B Molecular Biology 12 0 27
23 EB-1B Biochemistry 14 0 26
24 EB-1B Bioengineering 12 0 62
25 EB-1B Environment 24 7 78
26 EB-1B Organic Chemistry 4 0 155
27 EB-1B Wireless Networks and Multimedia Communication. 14 10 84
28 EB-1B Civil and Environmental Engineering 24 0 109
29 EB-1B Materials Science and Engineering 6 3 54
30 EB-1B Medicine 10 6 32
31 EB-1B Computer Science 2 0 83
32 EB-1B Educational Research 5 7 59
33 EB-1B Molecular and Cancer Biology 20 0 54
34 EB-1B Mathematics 20 19 4
35 EB-1C n/a N/A N/A 21
36 EB-1C Motel Operation N/A N/A 49


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