Blog Post

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented a client from the United Kingdom. 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 — a highly sought-after and well-respected innovative leader in the field of cybersecurity, renowned for developing groundbreaking products, and whose vision for cutting-edge cybersecurity initiatives promises to revolutionize how the U.S. tackles the digital demons lurking in various sectors — the firm would like to provide more insights into this case.

This case, which the firm filed on May 21, 2024 (USCIS confirmed receipt on May 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 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 — Master of Engineering in Computer Science (First Class Honors/Summa Cum Laude) from a tier-one school in the United Kingdom (equivalent to an Ivy-League school in the U.S.) — has been involved in developing advanced strategies to pre-emptively identify weaknesses and fortify systems against potential cyber-attacks, thus ensuring the resilience and reliability of these essential utilities. In fact, the firm provided verifiable evidence showing his innovative approach to cyber security testing and infrastructure analysis, providing a valuable opportunity for organizations to critically assess, test, and fortify their defenses. In drafting the legal brief, we specifically focused on his demonstrable unique skills and accomplishments in the field of cybersecurity.

Inter alia, documenting his progressive accomplishments, which he accumulated in the United Kingdom, 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 field of cybersecurity, with a specific focus on developing an innovative approach to cyber security testing and infrastructure analysis for organizations to critically assess, test, and fortify their defenses — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: strengthening cybersecurity, safeguarding critical infrastructure, and countering evolving cyber threats.

With his other verifiable track record of successfully improving cybersecurity by developing new methods to check and analyze the security systems that organizations use, 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 submitted verifiable evidence to show that our client has developed an array of test techniques that could hugely benefit U.S. businesses and contribute to secure corporations, administration, utility, healthcare, defense and government against attacks.

Furthermore, the innovative methodology our client has used in his cyber security testing and his sophisticated and experimental approach to his cyber security engagements demonstrate how he is able to contribute to the advances in his field of expertise. Also, his cyber security product development, from the password cracking machine to the development of his current successful endeavor, a high-tech cybersecurity program, demonstrates that our client can push the boundaries of the possible in cyber security, making him stand out from his peers. In fact, it has proven to be very successful in the United Kingdom, where it has been adopted by the British division of a large global company, leading to significant financial and security advantages for them. Endeavors like this, developed by our client, would have a significant impact in the field of cyber security in the U.S., 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 — who is poised to bring significant security enhancements to the United States — 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 — cybersecurity testing. 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 developing cutting-edge methodologies and tools.

Furthermore, our client's proposed endeavor, which is within the field of cybersecurity, is at the interface of science and technology. Therefore, his proposed endeavor will serve the best interest of the United States by contributing to the advancements of cybersecurity in the United States, the brief argued. The brief further argued, among other things, that his proposed endeavor could have a substantial impact on the US security space, economy and overall country leadership in cybersecurity.

Additionally, the carefully written 47-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 75 exhibits, including verifiable evidence showing his past and current critical roles and projects in his 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 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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