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2011年第四季度及全年EB-1A、EB-1B及NIW的批准情况
作者:刘宗坤律师     发文时间: 2012年04月04日 06:15:43
2011年第四季度及全年EB-1A、EB-1B及NIW的批准情况

I. An Overview of the 4th Quarter

In the 4th quarter of 2011, Liu & Associates had one-hundred-sixteen (116)
EB-1A, EB-1B, and NIW I-140 cases approved by the USCIS. Among the approved
I-140 cases, thirty-four (34) were EB-1A, twenty-three (23) were EB-1B, and
fifty-nine (59) were NIW petitions. From October to December, we had four
(4) I-140 cases denied by the USCIS, among which three (3) were EB-1As and
one (1) was EB-1B. Notably, all three denied EB-1A cases were adjudicated
by the same USCIS adjudicator in the Premium Processing Unit. Considering
the thirty-four (34) approved EB-1A cases with comparable credentials during
the same period of time, these three (3) questionable denials do not seem
to indicate a USCIS policy change; they appear to be an individual
adjudicator’s problem.

II. An Overview of 2011

In the year of 2011, Liu & Associates had an aggregate total of three-
hundred-seventy (370) EB-1A, EB-1B and NIW I-140 cases approved by the USCIS
. Among all the approved cases, one-hundred-twelve (112) were EB-1As,
seventy-two (72) were EB-1Bs, and one-hundred-eighty-six (186) were NIWs.
In 2011, we had eight I-140 cases denied by the USCIS. Among the denied
cases, six (6) were EB-1As, one (1) was EB-1B, and one (1) was NIW.

In 2011, our overall approval rate for I-140 was 97.8%. The approval rate
was 94.6% for EB-1A, 98.6% for EB-1B, and 99.5% for NIW.
For credentials and background information of the approved EB-1A, EB-1B, and
NIW I-140 cases, please see our report at http://www.niwus.com/Approvals.html.

III. USCIS Efforts to Reduce the I-140 Backlog

In the third quarter of 2011, we reported that the Texas Service Center (TSC
) vowed to cut the processing time of I-140 cases to four (4) months by the
end of the 2011 fiscal year. (Please see our report at http://www.niwus.com/USCIS_Updates201107.html.) Although by the end of December 2011, there were still a large number of I-140 cases pending over four (4) months, we have seen TSC continued to make efforts to reduce the backlog. Meanwhile, USCIS also issued a large number of Request for Evidence (RFE) in the fourth quarter. Many of these RFEs were not justified. Some appeared to result from insufficient training of adjudicators who were not familiar with the law and adjudication standard; others were apparently related to the confusions caused by Kazarian.

IV. The Kazarian Effect

In 2011, we received numerous inquiries in regard to the USCIS adjudication
of EB-1A cases following Kazarian. So far, we have not seen a clear trend of
USCIS policy change in EB-1A, EB-1B and NIW adjudication. However, in wake
of Kazarian, USCIS 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 a few fairly strong
EB-1A cases were denied by a deviant TSC Premium Processing adjudicator
while other similarly situated EB-1A cases were approved by the USCIS.
Although we have addressed this issue with USCIS officials, it has not been
satisfactorily resolved. For details of the Kazarian issue, 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。

Liu & Associates, PLLC
Wells Fargo Tower, 8th Floor
6161 Savoy Drive, Suite 830
Houston, Texas 77036
Tel: (800) 878-1807
(713) 974-3893
Fax: (866) 608-2766
Email: zliu@niwus.com
Website: www.niwus.com

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