In our last article, several successful EB-1 green card cases were examined. From July to September 2012 one sample law firm received 62 EB-1 case approvals: 44 EB-1(a), 16 EB-1(b), and 2 EB-1(c). USCIS approved most of these cases without a request for evidence. These approvals resulted in green cards (Permanent Resident cards) for 47 of these 62 applicants.
Out of the 62 EB-1 cases approved in that period, most applicants had a doctorate and conducted scientific research. Among samples of approved applicants, most conduct research in medical sciences, biology, and engineering, while others focus on chemistry, mathematics, aerospace, etc.
Three of the most popular job titles for applicants who received approval for an EB1 visa were “postdoctoral research associates”, “research scientists” and “engineers”. Those specializing in these occupations mainly conduct research, produce peer-reviewed papers in their discipline, and attend conferences.
Because of the nature of scientific work, it is relatively easy to meet EB-1 requirements. This should not discourage you from applying if you happen to fulfill different, but equally comparable criteria. Each case varies. It is difficult to determine whether or not you qualify unless you come in for an evaluation.
The USCIS has become stricter with EB-1 applications after a USCIS memorandum dated August 18, 2010. In essence, the USCIS memo breaks the EB-1 evaluation process into two parts:
- Evaluate if the applicant meets the baseline criteria for the immigration category, and
- Determine if the applicant’s evidence demonstrates the required high level of expertise for the immigration category.
In the second step, the USCIS evaluates the evidence to see if, as a whole, the applicant is performing at a level near the top of his or her field of endeavor.
Premium Processing. A "Premium" application process was used in 25 out of these 62 EB-1 cases. Premium processing can expedite adjudication of your application. However, if you are not a highly qualified applicant, you could receive a Request For Evidence notice as a result.
Furthermore, in our experience, USCIS officers only take an average of 15 minutes to read through an application. Given the stringent time constraints, officers sometimes automatically issue a Request For Evidence to fulfill the 15 day processing guarantee while not having to approve or deny a petition.
An applicant can adopt premium processing when initially filing, or do so after the petition has been filed. In either case, USCIS will issue either 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 a 15 calendar day period.
More information. Have further questions or need paralegal advice? If so, feel free to contact us at myGreencard.com or ask your local immigration attorney for more information. Our paralegal service provides quality, cost effective advice on how to fill out the petition forms and provide all required documentation. We look forward to helping you with your EB-1 application, DACA processing, or other visa application assistance.
You can also download free USCIS immigration forms and U.S. State Department visa forms, Visa Bulletins, and other immigration reports at myGreencard.com.
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