Blog Post

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

Having shared this life-changing news with our happy client — a highly sought-after leader across multiple sectors, and whose work significantly contributes to the improvement of essential factors of financial life, notably in enhancing financial systems' stability, compliance, and operational efficiency — the firm would like to provide more insights into this case.

This case, which the firm filed on June 21, 2024 (USCIS confirmed receipt on June 24, 2024), was expedited using the premium processing option (USCIS charges a separate fee to adjudicate a case within 45 days). The quick adjudication has no bearing on the outcome of the case, so think twice before making that expensive decision. Have this discussion with your attorney.

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, his Green Card will be processed at the nearest U.S. Embassy abroad.

Our client — whose highest level of education at the time of filing was a Master of Science in Finance — has a track record of accomplishments, including his verifiable role as a key figure in designing and implementing innovative anti-money laundering and counter-financing of terrorism compliance techniques. In fact, the firm provided verifiable evidence showing his unique ability to navigate complex financial landscapes and develop scalable solutions for regulatory challenges. In drafting the legal brief, we specifically focused on his demonstrable unique skills and accomplishments in these core areas — finance, external audit, internal audit, risk management, and governance.

Inter alia, documenting his progressive accomplishments, which he accumulated at top institutions in his home country, and connecting that to the national interest of the United States, the brief survived all the three prongs.

The brief argued, inter alia, that his proposed endeavor — contributing to the advancements in the areas of internal audit and enterprise risk management by designing and implementing scalable innovative and effective anti-money laundering and counter-financing of terrorism compliance — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: improving and enhancing financial transparency, addressing pressing issues related to financial crime, illicit financial flows, and fostering anti-money laundering and counter-terrorism compliance.

With his other verifiable track record of successfully executing high-quality audit and assurance services (including his current pursuit in the realm of anti-money laundering and counter-financing of terrorism compliance), as corroborated by distinguished industry leaders with first-hand knowledge of his contributions, our client is well positioned to advance the proposed endeavor, the brief argued.

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 — a highly qualified individual who has risen through the ranks in the corporate circle and stands out as a pioneer in promoting innovation in accounting and finance across diverse sectors, such as consulting, healthcare, banking, and capital market — 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 — AML/CFT compliance. Leveraging verifiable evidence, the brief explained that our client’s past and current accomplishments are clearly indicative of his future contributions. The brief also showed that our client has maintained a relentless commitment to enhancing regulatory practices and safeguarding the financial systems.

Furthermore, the brief further argued, among other things, that his proposed endeavor has the potential to contribute meaningfully to the economic growth of the United States by further entrenching anti-money laundering and regulatory compliance in the system. The brief highlighted the implications of his proposed endeavor, which will, among other things, potentially bolster the national economy by safeguarding financial institutions, businesses, and investors against the detrimental effects of money laundering, thereby reinforcing economic stability and growth. His unique skill set, exceptional track record, and potential for future contributions make him an asset not only to his field but also to the broader economic and security interests of the United States. It is individuals like him who drive progress and innovation in critical sectors and retaining such talent within the U.S. is essential for maintaining and enhancing the nation's standing in the global financial ecosystem, the brief argued.

Additionally, the carefully written 45-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 his field of specialty. To support this brief, the firm submitted 86 exhibits, including evidence showing his remarkable accomplishments and the significant contribution he has made to the advancement of governance, risk management and compliance on a national scale.

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 his proposed endeavor has both substantial merit and national importance; (2) that he 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 he 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 his contributions to the field will undoubtedly benefit the United States. This 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 him 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. This 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 his work in the areas implicated in the proposed endeavor. This 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***

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