Blog Post

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented a client from India. 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 — a highly talented engineer and supply chain leader, with cognate experience working for multinational companies — the firm would like to provide more insights into this case.

Procedural history:

On March 28, 2024, the firm filed this original EB-2 (NIW) brief.

On May 9, 2024, the USCIS requested for additional evidence (RFE).

On July 24, 2024, the firm responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).

On September 9, 2024, the approval notice was delivered to the firm’s address.

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 Engineering management — has always distinguished himself from his peers, evidenced by his outstanding achievements at leading organizations. In fact, the firm provided verifiable evidence showing his contributions on port optimization, automated channel planning system, manufacturing capacity planning and supply chain operations. The brief argued that our client has used his knowledge in forecasting and networks mapping to allocate the optimum inventory levels across the entire network of 60 Service Centers in United States, Canada & Europe regions using SQL queries, Enterprise Resource Planning SAP, Data Lake Analytics, Advanced modeling tools and Project Management tools. Adding that our client’s model has greatly helped the parts allocation process from Distribution Centers to the Service Center Network without causing an excess or shortage of service parts. The brief provided evidence showing that our client's unparalleled knowledge in SAP Materials Management and Procure-to-pay modules to architect new roadmaps has greatly a major American company in cost savings and expansion projects in North America and Europe. In drafting the legal brief, we specifically focused on his demonstrable unique skills and accomplishments in the areas of supply chain optimization and project management.

The brief argued, inter alia, that his proposed endeavor — contributing to the advancements in the areas of electric vehicle and semiconductor supply chain by creating a robust and efficient framework that ensures accurate forecasts, material requirement Plans, real time inventory feedback and part replenishment strategies, as well as leveraging the capability of supply chain technologies — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: reinvigorating the semiconductor industry in the United States, which is one of the critical sectors, and also advancing transition to clean energy by enhancing the manufacturing of electric vehicles and accelerating emissions reduction.

With his other verifiable track record of successfully executing (and currently involved in) complex supply chain projects in the United States, 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. With his proven track record of succeeding in different sectors/industries, our client has the propensity to succeed in this endeavor.

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 intends to contribute his own quota to the supply chain leadership of the United States in critical areas, focusing on resolving the bottlenecks to enable biomedical and semiconductor manufacturing in 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 — supply chain optimization. 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 address the gap between demand forecasts and supply capacity by building the necessary architecture to construct roadmaps to enable the strategic vision through the power of Machine Learning and supply chain optimization network models.

The brief provided evidence showing that our client has consistently driven himself to push the boundaries of innovation with his unwavering dedication to advancing technological capabilities along with his immense knowledge and experience in operations with special focus on manufacturing and supply chain management. In fact, we provided evidence to show that our client's work has led to the development and growth of top supply chain processes in the industry, helping many companies optimize their operations resulting in cost savings, increasing profit, and bringing down the cost of logistics. He continues to work for organizations in his field of specialty.

Additionally, the carefully written 59-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 87 exhibits.

After the RFE submission, 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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