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 super-excited client — an exceptional actuarial scientist, model builder and mathematician who, among other things, is a recipient of multiple academic scholarships, working as an actuary at one of the largest reinsurers in the United States — the firm would like to provide more insights into this case.

PROCEDURAL HISTORY:

November 13, 2023: The firm filed the original EB-2(NIW) petition (regular processing).

November 15, 2023: USCIS received the petition (issued a priority date).

April 9, 2024: USCIS issued a request for evidence (RFE).

June 7, 2024: The firm responded to the RFE.

July 8, 2024: USCIS approved the petition.

July 16, 2024: The firm received the approval notice in the mail.

Interestingly, as a matter of law (priority date), and relative to those who got their petitions approved between December 2023 and July 2024, our client is first in line to file an adjustment of status application.

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. 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).

Our client — whose highest level of education at the time of filing was a Master of Science degree in Mathematics with honors (Summa Cum Laude) — has evidently demonstrated unwavering dedication, delivering impeccable results by developing complex actuarial models for calculating future probabilistic benefits for employees and discounting these benefits to the present day. In fact, the firm provided verifiable evidence showing his extraordinary brilliance, including the fact that our client also earned a Bachelor of Science in Mathematics with first class honors (Summa Cum Laude). In drafting the legal brief, we specifically focused on his demonstrable unique skills and accomplishments in the field of actuarial science.

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 referenced his accomplishments at the world's largest reinsurance company, as well as a collaboration on a pension plan advisory service for a national stock exchange.

The brief argued, inter alia, that his proposed endeavor — contributing to the advancements of actuarial science by creating innovative actuarial models that integrates climate-related risks, helping to quantify the financial consequences of climate change and improving product design to incentivize risk mitigation — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: contributing to combatting the climate change crisis, promoting responsible financial risk management in climate change related issues, and overall advancing the economic well-being of the United States. As climate change continues to manifest in the form of more intense storms, wildfires, and other catastrophic events, our client’s proficiency in risk assessment and actuarial modeling proves invaluable. Our client’s work is instrumental in unraveling the intricate web of climate change's effects on insurance, a pivotal industry that underpins the financial security of countless Americans, the brief argued.

With his other verifiable track record of successfully executing (and currently involved in) groundbreaking initiatives, including the systematic assessment, quantification, and strategic management of an array of risks, 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. We provided evidence showing that our client played instrumental on a complex project — which involved revising a leading reinsurance company’s credit rating, necessitating an independent review of their internal risk management framework — that ultimately helped the client achieve their desired credit rating.

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 — whose role is pivotal in ensuring that insurers maintain adequate reserves to fulfill policyholder claims, thereby reducing the burden on the government when insurers fail to meet their obligations — is the kind of talent that will advance the national interest of the United States. Our client’s unique vantage point at the nexus of actuarial science and climate research has far-reaching implications for the U.S. national interest, as it helps fortify the country's defenses against the escalating impacts of climate change on the property and casualty insurance industry. Based on our understanding of the client’s work, the brief focused on this key area — creating innovative actuarial models that integrates climate-related risks. 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 advancing the frontiers of actuarial science.

Furthermore, our client's proposed endeavor, which is within the field of actuarial science, is at the interface of science, business, health and technology; therefore, his proposed endeavor should be viewed through the lens of environmental sustainability, public health and societal welfare, as well as mitigating the financial consequences of climate change and other related risks, including business risks, the brief argued. The brief further argued, among other things, that his proposed endeavor will better inform stakeholders and policymakers, including those at the Federal Emergency Management Agency (FEMA) and the Office of Management and Budget, on creative ways to better mitigate risks arising from climate change.

Additionally, the carefully written 50-page brief (including the RFE 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 83 exhibits, including evidence of his participation in a national mathematics competition.

Finally, after responding to the RFE, the petition 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***

***ATTORNEY ADVERTISING***