I. An Overview
In the second quarter of 2011, Liu & Associates had fifty nine (59) EB-1A, EB-1B, and NIW I-140 cases approved by the USCIS. Among the approved I-140 cases, thirty (30) were EB-1A, thirteen (13) were EB-1B, and sixteen (16) were NIW petitions. From April to June, we had two (2) EB-1A I-140 cases and one (1) NIW case denied by the USCIS. These denials are rather arbitrary as other EB-1A and NIW cases with similar credentials were approved by USCIS during the same period of time. The denied NIW case is currently on appeal. We didn’t have EB-1B cases denied in the second quarter. For credentials and background information of the approved EB-1A, EB-1B, and NIW cases, please see our report at http://www.niwus.com/Approvals.html.
II. The USCIS Approval on Motion to Re-Open
We previously reported an EB-1A case that was denied due to USCIS administrative error - the USCIS adjudicator miscalculated a RFE deadline date, apparently having assumed that February had 30 days while it had only 28 days this year. We are glad to report that this case has been approved by USCIS in May after we filed a motion to re-open. USCIS, acknowledging that the denial was caused by its mistake, re-opened and approved the case.
III. The USCIS Processing Delay
Also, as we reported before, since the summer of 2010, USCIS adjudication of I-140 cases has been significantly slowing down. As a result, we had fewer I-140 cases approved in the second quarter of 2011 than in a regular quarter. Also, as a result, a large number of I-140 cases have been pending over nine (9) months - the USCIS posted processing time for I-140 petitions. It appears that USCIS has realized this problem and is taking actions to reduce the backlog. At a recent meeting with USCIS officials, we learned that the Texas Service Center (TSC) has proposed to meet its 4-month I-140 processing goal by end of this fiscal year (September 30, 2011). For details of our meeting with USCIS officials, please see our report at http://www.niwus.com/USCIS_Updates201107.html.
IV. The Kazarian Effect
Recently we have received numerous inquiries in regard to the USCIS Interim Memorandum following Kazarian and whether USCIS has raised the bar for EB-1A, EB-1B and NIW petitions. So far, we have not seen a clear trend of change or USCIS policy shift regarding EB-1A, EB-1B and NIW adjudication. However, in wake of Kazarian, USCIS has adjusted its adjudication guidance of EB-1A and EB-1B, which have caused confusion and inconsistence of adjudication standards among the USCIS adjudicators. As a result, we have seen an increase of Requests for Evidence (RFE) and Notices of Intent to Deny (NOID) in the past few months. This issue has also been addressed at our recent meeting with USCIS officials. For details, please see our report at http://www.niwus.com/USCIS_Updates201107.html.
For credentials and background information of the approved EB-1A, EB-1B, and NIW cases, please visit our website at http://www.niwus.com/Approvals.html.
刘宗坤律师（Z. Zac Liu, Esq.），法学博士（J.D., Valparaiso University School of Law）、哲学博士(Ph.D., Peking University)，伊利诺伊州最高法院及联邦法院执照，曾担任Valparaiso University Law Review的编辑和审稿人， 著有中英文书籍多种，散见于中美各大学图书馆。执业以来，他已代理无数名来自世界各地的科研人员和专业人士成功获得绿卡及各类非移民签证，尤其在国家利益豁免（NIW）、特殊人才（Eb-1A）、杰出教授和研究员（EB-1B）、PERM 劳工证、H-1B工作签证等方面积累了丰富的经验。有兴趣提出申请的读者，可将简历发往evaluation@niwus.com。刘律师会在两个工作日内对符合条件的申请做出免费评估。
白凯玲律师 (Kellie Pai, Esq.)，法学博士(J.D.，University of Houston Law Center)、文学学士(B.A., University of Texas at Austin)，德克萨斯州最高法院执照，联邦法院执照，刘宗坤联合律师事务所合伙人及专业移民律师。
Christina T. Le 律师，法学博士(J.D.，University of Houston Law Center)、文学学士(B.A., Northwestern University)，德克萨斯州最高法院执照，联邦法院执照，曾任Department of Justice驻Houston移民法庭Attorney Advisor，现任刘宗坤联合律师事务所合伙人及专业移民律师。
Sabrina Schroeder律师，法学博士 (J.D., Michigan State University College of Law)、文学学士 (B.A., Oklahoma State University)，密西根州最高法院执照，曾任Michigan State University Law Review编辑，密西根上诉法院Prehearing Research Attorney，现任刘宗坤律师事务所专业移民律师。
Karen Egonis 律师，法学博士(J.D.，University of Houston Law Center)、文学硕士 (M.A., University of South Carolina)、文学学士(B.A., Texas A&M University)，新罕布什尔州最高法院执照，现任刘宗坤联合律师事务所专业移民律师。
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