Premium Processing Time Report for EB1A and EB1B Petitions

We are pleased to report that the premium processing service continues to grant rapid approvals of EB1A and EB1B cases; in some cases approvals are given much faster than the 15-day adjudication deadline.  Our office has analyzed the data from all of our EB1A and EB1B cases that were submitted this year and, on average, the USCIS will take 12 days to approve an EB1A or EB1B case via premium processing if there is no RFE issued.  In cases where an RFE is issued, the average case processing time is 24 days.  In some cases, a petitioner can receive an approval even faster than these average times.  Taking two of our recent cases as examples:

Biochemist EB1A

This petitioner was a university researcher with approximately 100 citations, who served as a reviewer for a prestigious international conference.  Additionally, he reviewed dozens of peer-reviewed manuscripts for several journals in the field.    In this case, we presented the petitioner’s authorship of scholarly articles, significant contribution, and judge of the work of others criteria as evidence of his extraordinary ability in the field.  This case was approved in eight days via premium processing without an RFE.

Computer Science EB1A

This petitioner worked in the tech industry and had a little less than 100 citations, along with dozens of reviews performed for both peer-reviewed journals and conferences, along with two strong media reports.  In this case, we presented the petitioner’s authorship of scholarly articles, significant contribution, judge of the work of others, and major media criteria as evidence of her extraordinary ability in the field.  The USCIS adjudicated this case for 20 days including the time it took for it to review our RFE response.

As the above cases demonstrate, it is common for cases to be adjudicated much quicker than the 15 day processing time via premium processing.  Even in cases where an RFE is issued, technically the USCIS has 30 days total time to process the case (15 days for the original submission, and 15 days to review the RFE response), but the USCIS will usually complete processing well before the 30 day deadline.

We also conducted a review of our non-premium processed EB1A and EB1B cases to compare the rate of RFE issuance between premium processed and normal processed cases.  For this comparison, we grouped all similar cases together by field, and by the objective accomplishments of the petitioner.  Similar to last year, there appears to be no statistical difference between filing a case normally or filing a case via premium processing as far as RFE issuance is concerned.  The common belief that you are more likely to receive an RFE by filing via premium processing still appears to be unfounded based on the cases from our office.


For questions or comments regarding this article please feel free to email attorney Fok at: jfok@jclawoffice.com

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