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Three EB-2 (NIW) Cases Approved for Clients in the Following Fields: Healthcare Data Management; Medical Technology and Public Health; and Electrical Engineering


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TRIPLE WINS FOR OUR CLIENTS!!!

 

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented three clients in the above-cited fields.

 

The first client — an exceptionally brilliant and intellectually gifted data engineering leader —serves as the Director of Client Engineering and Data Operations at a U.S.-based company, overseeing client implementations and ongoing data operations; driving data process improvements and adopting innovative technologies. At the time of filing, the client’s highest level of education was a Master of Science in Information Technology (graduating with a perfect GPA of 4.0), having previously earned a Bachelor of Engineering in Computer Science (first class). Our client has been praised by industry leaders for his ingenuity and contributions to the U.S. healthcare data management. We provided verifiable evidence showing that he is drive significant improvements in healthcare data analytics and engineering, which will further enable U.S. healthcare organizations to align payment models with quality outcomes, thereby leading to improving U.S. healthcare and reducing costs.

 

The second client — a young and ambitious scientist, whose novel research into a gout disease, a form of arthritis, has been recognized as promising, and a recipient of a top award — has made contributions to research aimed at altering the structure of biomolecules (e.g., amino acids, peptides, and proteins) using metal nanoparticles and a novel crystallization technique called metal-assisted and microwave-assisted evaporative crystallization, in order to widen their scope for applications in drug design and targeted delivery. In fact, the firm argued that our client’s research in these emerging therapies have the potential to reshape the landscape of gout management. The firm also provided verifiable evidence showing that our client’s research has been sponsored by the National Institute of General Medical Sciences, part of the National Institutes of Health, and the U.S. Department of Homeland Security, as validated by the award numbers and other pertinent documents. At the time of filing, the client’s highest level of education was a Master of Science in Public Health and Health Promotion (with merit), having previously earned a Bachelor of Science in Medical Technology (Magna Cum Laude).

 

The third client — an academically gifted (Summa Cum Laude recipient) and promising young talent armed with innovative and novel ideas in the emerging and crucial area of power systems engineering — is well-positioned to shape the future of the power systems industry through his proposed endeavor of contributing towards development of cutting-edge power system for energy markets, sustainable energy integration and forecasting. We provided verifiable evidence to show that our client has consistently manifested the propensity to think of innovative and novel solutions, sharing and presenting his work with the wider scientific community, including at the nationally known North American Power Symposium. We provided corroborating evidence showing that our client, for the last several years, has worked on the implementation of a new energy management system for one of the nation’s largest generation and transmission cooperative. We also provided evidence showing that he has worked directly with multiple stakeholders, including leading electrical power generation utilities in the country, and that he is at the forefront of designing and integrating advanced power generation control systems. At the time of filing, the client’s highest level of education was a Master of Science in Electrical Engineering (in fact, he graduated with a perfect CGPA of 4.0), having previously earned a Bachelor of Engineering in Electronics and Communication Engineering with a first class.

 

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.

 

The first case was filed on September 26, 2024 (USCIS confirmed receipt on September 30, 2024; the case was approved on October 10, 2024); the second case was filed on October 26, 2023 (USCIS confirmed receipt on November 1, 2023; on July 23, 2024, USCIS issued a request for evidence, RFE; on October 1, 2024, the firm responded to the RFE; and the case was approved on October 10, 2024); and the third case was filed on August 27, 2024 (USCIS confirmed receipt on August 29, 2024; the case approved on October 11, 2024). Two of the cases were filed through premium processing, which takes 45 days to adjudicate, while the one that triggered an RFE was filed using the regular processing, which takes 3-12 months to adjudicate. While a premium processing takes 45 days to adjudicate, 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 clients who are domiciled abroad, they will go through the consular processing.

 

For the first client, our 40-page brief argued, inter alia, that his proposed endeavor — contributing to the advancements in the field of healthcare data management, with a specific focus on data infrastructure within the U.S. healthcare system, and advancing healthcare analytics to drive systemic improvements in data management, care delivery, and cost-efficiency — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: identify trends and patterns in patient care, reduce or lower drug costs, improve patient outcomes, and optimize resource allocation.

 

An accomplished data engineer specializing in U.S. healthcare technology, our client has played a crucial role in streamlining data analytics practices by creating a healthcare data warehouse for eligibility, claims, and pharmacy data. We provided corroborating evidence showing that our client worked on implementing and maintaining the Centers for Medicare & Medicaid Services (CMS) Diagnosis-Related Group (DRG) grouper. The MS-DRG system categorizes inpatient hospital stays based on diagnosis, severity, and resource utilization, directly impacting hospital payments. We argued that our client's implementation of these groupers underscores their critical importance in the U.S. healthcare system, enabling better population health management, cost control, and efficient resource utilization. The firm also provided verifiable evidence to show that our client's contributions were pivotal in several high-impact projects.

 

For the second client, our combined 53-page brief argued, inter alia, that her proposed endeavor — conducting and advancing research in the field of medical technology and public health, with a specific focus on advancing a microwave therapy for gout treatment by exploring novel therapeutic approaches, identifying potential drug targets, and developing personalized treatment strategies — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: advance public health, undertake cutting-edge research that holds potential cures to diseases, such as gout treatment, a form of arthritis, and enhance the understanding of chronic pain.

 

Our client is proposing this innovative therapeutic approach to investigate the potential of microwave therapy to target and reduce inflammation in affected joints, providing a non-invasive and effective alternative to traditional treatments. We provided evidence showing that, as a Research Assistant at an American University, our client engaged in cutting-edge research investigating the treatment of gout with gold nanoparticles and monosodium urate particles. What sets our client apart from others is her holistic approach to research by seamlessly integrating medical science and cutting-edge technology, exemplifying the interdisciplinary nature of modern healthcare. We also provided verifiable evidence showing that present our client has presented work during symposiums and educational meetings on advancing microwave therapy for gout treatment. Her novel gout treatments are specifically designed to target unique pathways, presenting the potential for more substantial advancements in managing the disease, thereby developing therapies that not only alleviate symptoms but also modify the underlying disease process is crucial for enhancing long-term outcomes and preventing disease progression. To support the brief, we provided evidence of her peer-reviewed articles in highly respected journals, which has garnered citations from her peers in the research community. In fact, we provided verifiable evidence showing that her some of her peer-reviewed articles have been sponsored by national agencies. We concluded that her ongoing research and projects will answer important questions that will potentially benefit the United States, particularly for millions of Americans suffering from gout disease.

 

By specifically focusing on advancing a metal assisted microwave-accelerated decrystallization technique, her work presents a unique opportunity to alleviate the burden of gout and other crystal deposition diseases. Our client's ultimate goal is to use the knowledge and unique skills that she has developed to explore novel therapeutic approaches, identify potential drug targets, and develop personalized treatment strategies. The brief concluded that her work will potentially improve patient well-being and subsequently contribute to the health and productivity of the nation.

 

For the third client, our 39-page brief argued, inter alia, that his proposed endeavor — contributing to the advancements of the U.S. energy sector, with a specific focus on seamlessly integrating sustainable energy forms into the electric grid, including designing and developing machine learning models, while helping develop advanced control power generation systems to facilitate sustainable energy integration and climate change mitigation — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: the issues of inefficient electric grid, inefficient power generation systems and climate change mitigation.

 

We provided verifiable evidence showing that our client is highly trained in these advanced areas: nuclear reactor theory & design; power engineering operations/planning; nuclear power engineering; interdisciplinary power engineering; and solar engineering commercialization. Iin fact, our client is committed to contributing towards achieving seamless integration of sustainable energy sources into the grid. Any American who has lost electric power for any length of time knows first-hand how reliant that our society is upon electricity. Our client is working on innovative solutions that would advance the integration of renewable energy sources, improving grid stability using battery storage and other technologies. He intends to design and develop machine learning models based on historical data to predict load patterns, solar irradiance and wind potential to help assess generation operation methodologies to deploy units generating power from sustainable sources of energy effectively.

 

We further argued that the work performed by our client has been crucial to the reliability function of utility companies, and we provided evidence to show the impact of his work. We argued that our client's ability to optimize the integration of renewable energy sources directly aligns with the global shift towards cleaner, more environmentally friendly power generation. Finally, we provided corroborating evidence to show that our client has been instrumental in handling several generation management projects across the United States. Right now, he is a critical member of a team of engineers responsible for designing, building, configuring, testing, and commissioning generation control systems, and the brief showed that he partners closely with electric utility companies to achieve successful deployments. These deployments are complex and long-term. In each of his projects, our client has helped grid operators to design and implement alarm and control strategies to avoid this exact failure scenario.

 

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. To support all three briefs, the firm submitted 225 exhibits.

 

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 work 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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