Blog Post

Tuesday, July 23, 2024

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented two clients — an outstanding researcher, lecturer and a doctoral student in rural health sciences; and the other client is a young, ambitious, purpose-driven researcher, and a doctoral candidate in genomics science and technology — who are currently residing in the United States.

At the time of filing, one of the client’s highest level of education was a Master of Science in Biology, while the other client had a Master of Science in Biotechnology. Both clients received their advanced degrees from well-known universities.

Having shared the life-changing news with our clients who were super excited to hear that their EB-2 (NIW) petitions were approved by the USCIS, the firm would like to provide more insights into these cases.

One of the cases was filed on February 19, 2024, while the other case was filed on May 17, 2024 (subsequently, both clients decided to upgrade to premium processing). A quick adjudication has no bearing on the outcome of an immigration petition, 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 are in the U.S., once the priority/final action date kicks in, their Green Cards will be processed in the U.S. via the Adjustment of Status filing.

For the first client in the field of environmental physiology and applied ecology, our 39-page brief argued, inter alia, that his proposed endeavor — conducting and advancing research in the field of environmental physiology and applied ecology, focusing specifically on investigating the impact of pollution on rural communities — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: solving environmental challenges faced by rural communities, such as water contamination and pollution.

The brief argued that the United States of America stands to greatly benefit from researchers in the fields of Physiology, Environmental Conservation, and Fisheries Management; these areas are pivotal for addressing critical issues such as climate change, biodiversity loss, and public health: our client' skills and expertise in environmental physiology make him an invaluable asset for national development in these areas.

Evidently, our client’s passion for environmental conservation in rural communities, innovative thinking, and dedication to scientific inquiry make him a valuable asset to the research community. The firm provided evidence to show that the client's research interests span biology, aquatic ecology, environmental management, and rural health sciences. Highlighting his research proposal to the National Science Foundation Research — which is poised to provide post-baccalaureates with research and training opportunities in the field of ecology and ecology-related sub-disciplines with focused tracks in: (i) applied ecology (ii) molecular ecology, and (iii) interdisciplinary ecology — the brief argued that our client is well positioned to advance his proposed endeavor, and his research undertaking has the propensity to contribute to the scientific body of knowledge, as well as tackling scientific and societal challenges, in the United States and beyond.

Furthermore, our client’s proposed endeavor, which is within the field of environmental physiology and applied ecology, is at the interface of science and health; therefore, our client’s proposed endeavor is in the best interest of the United States as it has the potential to inform stakeholders and policymakers on innovative and scientific solutions to eradicate contaminants in groundwater, particularly Per- and Polyfluoroalkyl Substances (PFAS), contributing to addressing the issue of environmental pollution and other environmental sustainability issues that pose serious threats to the United States. The brief concluded that our client’s proposed endeavor will enhance safe and clean drinking water, protect human health and the environment for all Americans, particularly for rural communities. Therefore, his undertaking should be viewed through the lens of public health and environmental impacts, the brief argued.

For the second client in the field of environmental bioinformatics and microbiology, our 37-page brief argued, inter alia, that his proposed endeavor — conducting and advancing research in the field of environmental bioinformatics and microbiology, specifically aiming to delve deeper into the untapped reservoir of novel natural products and antibiotic resistance in permafrost by harnessing the power of sophisticated and unprecedented omics technologies to study the biosynthetic gene clusters and antibiotic resistance genes in permafrost microbes — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: addressing emerging environmental threats, enhancing understanding of microbial ecosystems in extreme environments, and fostering the development of innovative strategies to combat antibiotic resistance, thus promoting both environmental sustainability and public health.

Our brief further argued that our client's research is highly interdisciplinary, combining geochemistry, microbiology and data science. In fact, as corroborated by distinguished professors and leading experts, our client is engaged in applying artificial intelligence and machine learning techniques to the analysis of his data. A highly trained experimentalist, our client is investigating permafrost soils, an understudied ecosystem whose relatively extreme conditions may lead to bio-inspired solutions to drive sustainable and circular economies in the United States, and is part and parcel of a strong research cluster of environmental microbiology faculty at a well-recognized U.S. college.

The brief also provided verifiable evidence to show that our client's current research interests lie at the intersection of biotechnology, genomics, and biochemistry, and he has consistently demonstrated exceptional dedication and proficiency in these fields. His ongoing work addresses critical issues that have direct implications for the advancement of scientific knowledge and practical applications with substantial benefits to the U.S. In fact, he has displayed a nuanced understanding of molecular processes and biochemical pathways. His research is distinguished by its potential to uncover novel insights that could have far-reaching implications, particularly in areas critical to public health and medical advancements.

Highlighting his contributions on a U.S. Department of Energy-funded project focused on Arctic microbial permafrost carbon degradation, we provided corroborating evidence to show his integration of bioinformatics and machine learning methodologies to culture previously uncultured microbes from diverse environments. Our client’s research is not only novel and important but also aligns with national interests in supporting cutting-edge microbiology research. By exploring the uncharted territory of permafrost for novel natural products and antibiotic resistance, by seeking to understand microbe-driven geochemical processes in permafrost soils, our client’s proposed endeavor carries profound scientific and societal implications, the brief argued.

In drafting these briefs, the firm had multiple touchpoints with the clients. Understanding what the clients do is very critical to filing NIW briefs. Additionally, our carefully written briefs 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. For both briefs, we submitted 191 exhibits.

As a matter of fact, there was no RFE request, for their legal briefs survived all the three prongs of the analytical framework in the precedent decision Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016): (1) their proposed endeavors have both substantial merit and national importance; (2) that they are 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 briefs established that they met 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 briefs argued, inter alia, that their contributions to the fields 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 clients’ qualifications or proposed endeavors, it would be impractical either for our clients to secure a job offer or for them 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 clients’ contributions; and (3) whether the national interest in our clients’ 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 date to kick in, our clients will continue their research in the areas implicated in their proposed endeavors. This is a big win for the amazing Team at the firm. Most importantly, this is a big win for our clients and their derivative beneficiaries: a step closer to the American dream.

Again, congratulations to our clients!

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

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

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