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 address yesterday.

Having shared this life-changing news with our happy client — a well-recognized information technology transformational leader, with a proven track record in both the private and public sectors — the firm would like to provide more insights into this case.

This case, which the firm filed on October 15, 2024 (USCIS confirmed receipt on October 17, 2024, then approved the petition on October 24, 2024), was expedited using the premium processing option (USCIS charges a separate fee to adjudicate a case within 45 days). Regular processing takes 3-12 months to adjudicate. The quick adjudication 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 outside the U.S., as in the case at hand, his Green Card will be processed via consular processing.

Our client — whose highest level of education at the time of filing was a Master of Science in Information Technology — has led several transformative projects that have significantly advanced the organization's technological infrastructure and service delivery. In fact, the firm provided verifiable evidence showing his work holds significant national value, directly and indirectly impacting a nation’s human capital and infrastructure. His contributions address critical issues related to public safety, governance, and technological advancement. In drafting the legal brief, we specifically focused on his demonstrable unique skills and accomplishments in the field of information technology.

Inter alia, documenting his progressive accomplishments, including his high-level projects and awards, and connecting that to the national interest of the United States, the brief survived all the three prongs. In fact, the petition was approved within 7 days.

The brief argued, inter alia, that his proposed endeavor — contributing to the advancements of applied information technology and computer science, with a specific focus on leveraging and harnessing emerging technologies (Artificial Intelligence, AI, and Machine Learning, ML) to enhance and improve road traffic administration and transportation safety systems — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: fostering technological advancements and safety in the transportation industry and advancing the economic well-being of the United States.

We provided verifiable evidence to prove that our client has been instrumental in advancing many groundbreaking initiatives in the transportation sector. We provided extensive documentation to show that our client's ultimate goal is to position the United States as a global leader in moped and scooter safety leveraging emerging technologies. By fusing AI and ML solutions to current safety challenges identified around mopeds and scooters, which include inadequate infrastructure, insufficient training, adverse weather conditions, and distracted riding, there will be a significant impact on the safety of all categories of road users, particularly mopeds and scooter riders. Leveraging on these identified challenges and providing the appropriate response, the brief argued that the overall national security of the United States would be elevated from the perspective of human safety. The proposed research initiative suggests that AI and ML technologies, specifically tailored for the unique characteristics of mopeds and scooters, can significantly enhance rider’s safety, reduce accidents, and improve urban mobility.

Based on his unique technical skills and past and ongoing accomplishments, our client has a broad-based knowledge of digital transformation, developing the protocols for smart infrastructure and modernizing transportation infrastructure and systems. We included extensive documentation to show that his ongoing doctoral program, which earned him a merit-based scholarship, and his progressive rise in his field of IT, as corroborated by distinguished professors and industry leaders with first-hand knowledge of his contributions, make him an exceptional candidate who will continue to make meaningful contributions to the U.S.

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 — whose ability to design, implement, and manage large-scale IT projects with national implications is a testament to his technical expertise and strategic vision — 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 — application of emerging technologies. Leveraging verifiable evidence, the brief explained that our client’s past and current accomplishments, which are verifiable, are clearly indicative of his future contributions. The brief also showed that our client has maintained a relentless commitment to leveraging technology for public good.

Additionally, the carefully written 36-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 105 exhibits.

As a matter of fact, there was no RFE request, for 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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