EB-1 Processing Statistics

USCIS has provided some interesting statistics relating to the processing of Form I-140 petitions for classification of foreign nationals under the employment-based first (EB-1) category.    The statistics reflect the number of receipts, approvals, denials and RFEs issued during a fiscal year and are helpful in understanding general EB-1 adjudication trends.

The EB-1 Statistics

Texas Service Center is More Popular.  The Texas Service Center is clearly the more popular service center, judging by the number of filings.   It received between two and three times the amount of EB-1 applications filed with the Nebraska Service Center.  For example, the Texas Service Center received 9,981 EB-1 I-140 cases in FY2011 (until 19, 2011), while Nebraska received 3,811 for the same period.

Number of EB-1 Filings Remains Steady.  Because the FY2011 data is for the year until July 19, 2011 (or based on approximately 10 months), the overall number of filings in 2010 should end up being similar to the total number of EB-1 filings in 2011, when the reported EB-1 FY2011 numbers are calculated on yearly basis.

Comparison of the Rate of RFEs and Denials.   It is also interesting to note that in 2010 Nebraska had a significantly higher rate of RFEs and denials across all EB-1 categories compared to Texas.  For example, in 2010, Nebraska issued RFEs in 67% of the cases (Texas was at 26%) and denials in 36% (Texas was at 18%).   However, so far in 2011, Nebraska is generally at par with Texas.  So far in 2011, Nebraska issued RFE in 38% (Texas is at 29%) and denies 16% (Texas is at 13%).     It should be noted, however, that some of these numbers carry over from one fiscal year to another – for example, an RFE may be reflected in one year’s numbers, while a denial would be reflected during next year’s number simply because the denial was issued after the new fiscal year has started.   As a result, a scientifically-accurate comparison of percentages across fiscal years is not possible based on this data.

Conclusion

While we recognize that the EB-1 adjudication statistics reported by USCIS do not permit accurate calculation of percentage chances of RFE, denials and approvals, the numbers are very helpful nonetheless in understanding trends at the Texas and Nebraska Service Centers.    Based on these numbers, the Nebraska Service Center’s rate of favorable adjudications is inching closer to the Texas Service Center.   Also, we note that the rate of filings has remained steady over the past two years.

Our office handles a number of EB-1 filings in all subcategories and we are happy to review and assist with EB-1 cases.   Please feel free to contact us for review and analysis of EB-1 cases.