2011年第三季度EB-1A、EB-1B及NIW的批准情况

I. An Overview

In the third quarter of 2011, Liu & Associates had one-hundred-fifty-four (154) EB-1A, EB-1B, and NIW I-140 cases approved by the USCIS. Among the approved I-140 cases, thirty-three (33) were EB-1A, twenty-four (24) were EB-1B, and ninety-seven (97) were NIW petitions. From July to September, we had no EB-1A, EB-1B, NIW or other type of I-140 case denied by the USCIS. 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. II. Efforts to Reduce the I-140 Backlog

Previously, 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 September, the final month of the 2011 fiscal year, there were still a large number of I-140 cases pending for adjudication, we have seen TSC made good efforts to reduce the backlog in the third quarter. As a result, it adjudicated a record number of I-140 cases in August and September. For instance, in September alone, it approved ninety-five (95) I-140 cases we filed. Meanwhile, USCIS also issued a record of Request for Evidence (RFE) in the third 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. III. 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 RFEs and Notices of Intent to Deny (NOIDs). This trend continued in the third quarter. Although this issue was addressed at our meeting with USCIS officials, apparently it has not been 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[email protected]。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, PLLCWells Fargo Tower, 8th Floor6161 Savoy Drive, Suite 830 Houston, Texas 77036Tel： (800) 878-1807(713) 974-3893 Fax: (866) 608-2766Email: [email protected]: www.niwus.com