Blog Post

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented a client in the above-cite field. The U.S. Citizenship and Immigration Services (USCIS) delivered the Approval Notice to the firm’s address earlier today.

Having shared this life-changing news with our happy client — an outstanding public health expert, with decades of progressive experience in the design, planning, implementation, evaluation, and management of public health programs — the firm would like to provide more insights into this case.

Ther case, which the firm filed on January 31, 2024 (USCIS confirmed receipt on February 2, 2024), was filed using the regular processing option.

EB-2 (NIW) is an employment-based second preference (EB-2) - National Interest Waiver (NIW) petition, and it is one of the statutorily approved ways for qualified foreigners to become permanent residents in the U.S., and, subsequently, become U.S. citizens. For EB-2 (NIW), your location is irrelevant (the ultimate question is: can you satisfy the requirements under the Matter of Dhanasar, inter alia)? For our client who is outside the U.S., as in the case at hand, her Green Card will be processed through consular processing at a U.S. embassy abroad.

Our client — whose highest level of education at the time of filing was a Master’s degree in Population Health Evidence — has contributed to the strengthening of her home country’s health security, including advancing the U.S. President’s Emergency Plan for AIDS Relief (PEPFAR). In fact, the firm provided verifiable evidence showing her contributions in the area of prevention, detection and response to infectious disease outbreaks. In drafting the legal brief, we specifically focused on her demonstrable unique skills and accomplishments in the field of public health. We provided verifiable evidence showing that our client has gained significant knowledge in identifying the most critical gaps and needs for enhancing preparedness and response to public health threats. Inter alia, documenting her progressive accomplishments, and connecting that to the national interest of the United States, the brief survived all the three prongs.

Furthermore, the brief argued, inter alia, that her proposed endeavor — contributing to the advancements of public health in the United States, particularly in the areas of public health policy, planning, implementation, and monitoring of public health initiatives — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: strengthening the public health system, improving health policy and planning to enhance the preparedness of the United States to respond and recover from health threats.

With her other verifiable track record of improving coordination and better management of public health emergency operations centers in her home country, as corroborated by distinguished scientists and top experts (including a distinguished expert from the World Health Organization) with first-hand knowledge of her contributions, our client is well positioned to advance the proposed endeavor, the brief argued. The brief highlighted our client’s unique knowledge on border health security strengthening in her home country, and how that can directly benefit the U.S. government in several ways. The brief showed that our client’s work will potentially contribute significantly to the U.S. national interest as it will ensure that disease threats are arrested at source, through effective management and treatment, and prevented from spreading across borders.

Leveraging the evidence provided, the brief further showed that our client’s research is focused on developing a change leadership policy that will improve supply chain practices for medical commodities during public health emergencies. Such undertaking merits a national interest waiver.

In drafting this brief, the firm had multiple touchpoints with the client. Understanding what the client does is very critical to filing an NIW brief. Moreover, by providing verifiable evidence, the brief argued that the client — who has consistently worked on internationally funded public health project — is the kind of talent that will advance the national interest of the United States. Based on our understanding of the client’s work, the brief focused on this key area — improving public health practices. Leveraging verifiable evidence, the brief explained that our client’s past and current accomplishments, including her publications, conference proceedings and international collaborations, are clearly indicative of her future contributions. The brief also showed that our client has maintained a relentless commitment to conducting research, evaluating programs, and implementing innovative approaches.

Furthermore, our client's proposed endeavor, which is within the broad field of public health, is at the interface of science and health; therefore, her proposed endeavor should be viewed through the lens of public health impact. The brief further argued that her proposed endeavor will prospectively strengthen the healthcare system’s capacity to respond effectively to emerging health threats and safeguard the well-being of the entire population, while promoting public health initiatives across communities, including the underserved communities.

Additionally, the carefully written 40-page brief cited, as well as analyzed, different applicable laws, regulations, and pertinent evidence to corroborate the assertions. NIW cases are tricky, so you need to consider hiring a law firm/lawyer that understands all the nuances of the law. Before drafting every brief, we do comprehensive research on the AAO’s website, as well as review the Kurzban’s Immigration Law Sourcebook: NIW cases are won on the merit of the argument. Factual and legal arguments. In fact, it is an evidence-based petition. As in the case at hand, the firm submitted verifiable evidence showing that our client possesses an impressive record of success in her field of specialty. To support the brief, the firm submitted 112 exhibits, including her numerous meritorious awards in her field of specialty.

As a matter of fact, there was no RFE request, for the legal brief survived all the three prongs of the analytical framework in the precedent decision Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016): (1) that her proposed endeavor has both substantial merit and national importance; (2) that she is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. And the brief established that she satisfied each eligibility requirement of the benefit sought by a preponderance of the evidence. Matter of Chawathe, 25 I& N Dec. 369, 375-76 (AAO 2010).

To satisfy the third prong of Dhanasar, relating to the question of whether it would be beneficial to the United States to waive the requirements of a job offer, and thus of a labor certification, the brief argued, inter alia, that her contributions to the field will undoubtedly benefit the United States. Ther is the trickiest legal analysis under the Matter of Dhanasar. There are lots of denied cases via the Administrative Appeals Office, so the firm usually considers the third prong as equally important as the first two prongs. Here, the legal analysis focused on three of the factors enumerated by the Dhanasar Court: (1) whether, in light of the nature of our client’s qualifications or proposed endeavor, it would be impractical either for our client to secure a job offer or for her to obtain a labor certification; (2) whether, even assuming that other qualified U.S. workers are available, the United States would still benefit from our client’s contributions; and (3) whether the national interest in our client’s contributions is sufficiently urgent to warrant forgoing the labor certification process. Ther analysis is critical to winning an NIW case. You can read more about the Matter of Dhanasar on the firm’s website: www.akinalaw.com.

With this crucial phase now over, and while waiting for the priority/final action date to kick in, our client will continue her work in the areas implicated in the proposed endeavor. Ther is a big win for the amazing Team at the firm. Most importantly, this is a big win for our client: a step closer to the American dream.

Again, congratulations to our client!

The Law Office of Akintunde F. Adeyemo, PLLC is now accepting new clients in the areas of EB-2 (NIW) and EB-1A.

To read more about EB-2 (NIW), visit: https://www.akinalaw.com/blog/11/a-permanent-residency-option-for-foreigners

To read more about EB-1A, visit: https://www.akinalaw.com/blog/18/eb-1a-frequently-asked-questions

For a free (100%) case evaluation for EB-1A/EB-2 (NIW), contact the attorney-in-charge of The Law Office of Akintunde F Adeyemo, PLLC:

Akintunde F. Adeyemo, Esq.

Attorney, Counselor & Solicitor

734-318-7053 (Call, Text, Including WhatsApp)

Website: www.akinalaw.com

Email address: info@akinalaw.com

#eb2niw #immigrationlawyer #immigrationattorney

***FOR INFORMATIONAL PURPOSES ONLY. PAST SUCCESS DOES NOT INDICATE THE LIKELIHOOD OF SUCCESS IN ANY FUTURE LEGAL REPRESENTATION***

***ATTORNEY ADVERTISING***