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 last Friday.

Having shared this life-changing news with our super-excited client — a vibrant statistician with expertise in machine learning and decision analytics — the firm would like to provide more insights into this case.

Procedural history:

On July 26, 2023, the firm filed this original EB-2 (NIW) brief.

On July 28, 2023, USCIS confirmed receipt.

On June 5, 2024, the USCIS requested for additional evidence (RFE).

On August 21, 2024, the firm responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).

On September 13, 2024, the approval notice was delivered to the firm’s address.

Still, our client retains a priority date of July 2023; even though his case was just approved, he has priority over those who got their cases approved after July 2023. However, prospective clients may choose premium processing, which takes less than 45 days to adjudicate. Premium processing 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 — whose highest level of education at the time of filing was a Master of Science in Statistics from a well-known American university, graduating with an impressive grade point average of 3.9, having previously obtained a Bachelor of Science degree in Statistics (first-class honors) from the best university in his home country — has built classification models in R software to predict the risk of chronic kidney disease using exposure level to metabolites of pesticide as primary predictors. In fact, the firm provided verifiable evidence showing his previous work was funded by the National Institute of General Medical Sciences of the National Institutes of Health. He also supported a research that was developing a new treatment for chronic cough and trying to build a predictive model for whether patients would benefit from the treatment. This particular work has supported multiple grant submissions including an NIH R01 grant and multiple papers. In drafting the legal brief, we specifically focused on his demonstrable unique skills and accomplishments in leveraging emerging technologies.

Inter alia, documenting his progressive accomplishments, which he accumulated abroad and America, and connecting that to the national interest of the United States, the brief, which initially trigged an RFE, subsequently survived all the three prongs.

The brief argued, inter alia, that his proposed endeavor — contributing to the fields of machine learning/data science and decision analytics by using advanced mathematical and statistical techniques to develop and design decision-making algorithms for complex problems — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: to deploy new emerging technologies that will aid decision-making in critical sectors. We provided evidence to show that our client has amassed a wealth of experience that underscores his capability to drive innovation in machine learning and data science.

In an era where machine learning and artificial intelligence are increasingly integral to numerous sectors, experts like our client will potentially help the U.S. to maintain its competitive edge. The brief further argued that his expertise positions him to add substantial value to efforts aimed at developing unbiased machine learning solutions, which are critical for ensuring fair and ethical AI applications across various domains, as corroborated by distinguished professors and industry leaders with first-hand knowledge of his contributions.

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 — an expert in the areas that underpin emerging technologies — 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 — emerging technologies. Leveraging verifiable evidence, the brief explained that our client’s past and current accomplishments, including his latest peer-reviewed article, are clearly indicative of his future contributions. The brief also showed that our client has maintained a relentless commitment to the adoption of innovating tools such as AI and machine learning, harnessing the full power of science and technology. In healthcare, for instance, we provided evidence showing that our client’s work will aid in personalized medicine by improving diagnostic accuracy and treatment recommendations, thereby reducing disparities in healthcare outcomes. The brief concluded that the impact of our client’s work will extend beyond individual contributions, for it will potentially enhance the growth, competitiveness, and well-being of multiple sectors in the U.S. economy.

Additionally, the carefully written 45-page brief (including the RFE response) 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 over 93 exhibits.

After responding to the RFE, 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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