Blog Post

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented two clients — an academically gifted chemist (and a Ph.D. candidate at a reputable American university) whose research is focused on synthesizing and analyzing the bioactivity of certain proline-based peptide drugs, including developing novel strategies for targeted therapies, to potentially treat deadly diseases; and the other client is a brilliant and forward-looking researcher (previously served as an Assistant Professor) whose contributions will be instrumental in the benefits upon the United States research and development in the fields of energy, environmental engineering, and public health protection — who are currently advancing their proposed endeavors in the United States.

At the time of filing, one of the client’s highest level of education was a Master of Science in Biomedical Engineering, while the other client had a Master of Science in Chemistry. 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 June 26, 2024 (USCIS confirmed receipt on June 27, 2024; the case was approved on July 29, 2024), while the other case was filed on June 21, 2024 (USCIS confirmed receipt on June 24, 2024; the case was approved on July 29, 2024). Both clients opted for a premium processing (USCIS charges a separate fee to adjudicate a case within 45 days). 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, our 41-page brief argued, inter alia, that her proposed endeavor — conducting and advancing research at the intersections of civil, environmental and sustainable engineering, with a specific focus on enhancing water quality through novel innovative approaches, particularly through materials modification in Point-of Use (POU) devices using Silver Nanoparticle and recovering Lithium from diverse resources — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: advancing water quality, promoting access to clean and affordable water, especially for people in underserved communities, as well as protecting public health. Our brief provided verifiable evidence showing that our client’s novel research has attracted the interest of relevant stakeholders, including funding from the United States Agency for International Development (USAID) and administered by the National Academy of Sciences; and a separate NASA grant, aimed at improving the use of silver nanoparticles for biofouling control in water systems.

A smart and ambitious researcher, our client — whose research interests are focused on addressing critical environmental challenges, particularly in water treatment and wastewater management — is proactively conducting advanced research that will potentially benefit the United States. As an exceptionally creative scientist and first-generation scientist (Summa Cum Laude), our client aims to improve water treatment processes and enhance waste management by resource recovery from desalination plants. We provided corroborating evidence to show that our client has been a source of some impressive ideas on the application of nanotechnology to modify metallic and membrane surfaces to control the occurrence of toxic emerging contaminants. With her ongoing work — exploring an innovative waste-to-wealth concept, focusing on lithium adsorption and recovery from desalination brines — coupled with her proven track of record of accomplishments (and her unwavering commitment to tackling the multifaceted challenges inherent in this field), she is well positioned to play a vital role in ensuring clean water, air, and soil, which are fundamental to human health and ecological balance, the brief argued.

For the second client, our 43-page brief argued, inter alia, that her proposed endeavor — conducting and advancing research in the intersectional fields of chemistry and chemical biology, with a specific focus on synthesizing and analyzing the bioactivity of certain proline-based peptide drugs to treat diseases such as cancer and cardiovascular conditions — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: reducing the overall burden of cancer, diabetes, inflammation and cardiovascular diseases. The brief argued that our client is exceptionally well positioned to advance the proposed endeavor due to her robust academic background (best graduating student, achieving a distinction during her undergraduate and graduate programs, respectively), extensive research experience, and innovative contributions to the study of proline derivatives as potential therapeutics. Her research on proline derivatives has already demonstrated significant potential in the development of new therapeutic agents, showcasing her ability to tackle complex chemical problems and contribute to the discovery of novel solutions.

In fact, the brief provided evidence showing that her research area is of critical importance to the U.S., as the compounds she is investigating play critical roles in food security but also provide examples for new molecular arrangements and constructions which can be applied to improve current therapeutics. In this respect, her research is capable of an enormous impact to the health and well-being of all of us. Furthermore, we provided evidence from a distinguished professor of practice showing that our client's research (one of the compounds she is investigating) has provisionally shown anti-inflammatory activity as well as anti-cancer effects. In addition to the landmark accomplishment of discovering a synthetic route for its preparation, our client has also solved the structure of this molecule, in the process also preparing a number of different analogues which will all be investigated for their potential therapeutic efficacy. Our brief concluded that her work stands to potentially advance one of the priorities of the current administration.

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 173 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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