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 yesterday.

Having shared this life-changing news with our happy client — who has been recognized as one of the best and brightest upcoming scientists — the firm would like to provide more insights into this case.

Speaking of the timeline, the firm filed this petition on August 11, 2023 (USCIS confirmed receipt on August 15, 2023). In this case, our client opted for a regular processing time, which takes between 3 to 12 months to adjudicate. Sure, this adjudication took months, but prospective clients can choose premium processing, but the USCIS charges a lot of money for that (premium adjudication has no bearing on the outcome of a case, so think twice before making that expensive decision).

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 in the U.S., as in the case at hand, his Green Card will be processed in the U.S. via the Adjustment of Status filing.

Our client — whose highest level of education at the time of filing was a Master of Science in Chemistry — has conducted extensive research in the area of fluorination methods development, which has the potential to revolutionize medicinal chemistry approach to drug resistant diseases and treatment of cancerous diseases. In fact, the firm provided verifiable and corroborating evidence showing that our client has made excellent progress in the development of new methodologies for the synthesis of allyl fluorides, which are particularly important in pharmaceuticals. Additionally, we provided verifiable evidence showing that our client’s research has largely solved this issue for certain classes of allylic fluoride precursors which will make the identification of new and improved pharmaceuticals both faster and more economical. In drafting the legal brief, we specifically focused on his demonstrable unique skills and accomplishments in the design, development and synthesis of pharmaceutical molecules, and the development of radio-tracing molecules for early disease detection.

Inter alia, documenting his progressive accomplishments, which he accumulated in his home country and America, 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 — advancing and conducting research in the specialized field of synthetic organic chemistry and medicinal chemistry with a specific focus in the design, development and synthesis of pharmaceutical molecules, and the development of radio-tracing molecules for early detection of tumors and diseases — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance.

With his other verifiable track record of successfully executing complex research as a doctoral candidate, as corroborated by distinguished professors and industry leaders with first-hand knowledge of his contributions, our client is well positioned to advance the proposed endeavor, the brief argued. The evidence, including multiple awards and publications, further showed that our client has made significant contributions to the specialized field of synthetic organic chemistry and medicinal chemistry, where he has been developing fluorination technologies for the synthesis of pharmaceuticals and radioactive fluorinated molecules for use in the detection and treatment of diseases. The brief further argued that our client’s sustained interest and research in the development of technologies for the synthesis of radiofluorinated molecules is crucial to the growth of positron emission tomography (PET) imaging in its applications for early detection and treatment of diseases such as cancers, and brain diseases.

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 — has made significant progress where others have failed — 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 — the development of radio-tracing molecules for early detection of tumors and diseases. 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 the development of asymmetric fluorination methods for applications in pharmaceutical drug design and PET imaging.

Furthermore, our client's proposed endeavor, which is within the general field of chemistry, is at the interface of science and health; therefore, his proposed endeavor should be viewed through the lens of public health impact, the brief argued. The brief further argued, among other things, that his proposed research will adapt his developed method to late stage radiofluorination for PET imaging radio-tracing of cancers and tumors. The brief highlighted the implications of his proposed endeavor, which will, among other things, lead to early detection of tumors and diseases in the United States.

Additionally, the carefully written 31-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 academic and research awards, showing that his doctoral research group is funded by the National Science Foundation.

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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