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 young, exceptionally brilliant health physicist, with a proven track record of undertaking research, and collaborating with top researchers, at globally recognized research institutions, including a prestigious German research institution, and India's largest research and development organization; and whose current transdisciplinary research and knowledge pursuit has taken him to one of America’s top universities where he is a presidential scholar and a recipient of another prestigious award — who was super excited to hear that his EB-2 (NIW) petition was approved by the USCIS, the firm would like to provide more insights into this case.

This case, which the firm filed on September 10, 2024 (USCIS confirmed receipt on September 12, 2024; the case was approved on October 31, 2024), was expedited using the premium processing option (USCIS charges a separate fee to adjudicate a case within 45 days). 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 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 Doctor of Philosophy in Physics (Radiation and Health Option), having previously earned, among other degrees, a Master of Technology in Radiation and Health Physics, and a Bachelor of Technology in Physics (First Class Honors) — has distinguished himself through his exceptional cognitive abilities and his constant pursuit of excellence in research and development. In fact, the firm provided verifiable evidence showing his previous individual and collaborative research efforts have been peer-reviewed in reputable journal articles and book chapters. In drafting the legal brief, we specifically focused on his demonstrable unique skills and accomplishments in both theoretical and practical aspects of radiation physics and its applications.

We provided verifiable evidence to demonstrate that our client’s rare combination of experience and aptitude in radiation protection and waste management is pivotal to the advancement of research in the field of nuclear science towards the safe and permanent disposal of high-level radioactive wastes. His vast experience, the brief added, innovative insights, and exceptional skillsets are critical not only to the global target of achieving sustainable nuclear waste disposal, but also within the context of the United States Department of Energy’s mission to lead scientific and technological initiatives for the selection, construction, and operation of deep geological repositories for spent nuclear fuels. In fact, the firm provided insurmountable evidence showing how our client’s previous and current endeavors demonstrate his competence in conducting original research that advances the frontiers of knowledge in his specialization. His specialization, dexterity, and research prowess are of substantive benefits to the United States nuclear and non-nuclear industries.

Inter alia, documenting his progressive accomplishments, which he accumulated in four different continents, and connecting that to the national interest of the United States, the brief survived all the three prongs.

The brief argued, inter alia, that his proposed endeavor — conducting and advancing research in the intersectional areas of radiation detection and monitoring, radioecology, and dosimetry, focusing specifically on leveraging machine learning and artificial intelligence to enhance radiation protection in four critical, intersectional areas: environment and public health; medical radiation diagnostics and treatment; nuclear power safety; and nuclear forensics and security — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance.

The firm also analyzed the multisectoral implication of his research, stating that the outcome of his current endeavor will provide further insights into the social aspects of nuclear waste disposal, such as site selection for geological repositories, risk communication, community engagement, and intergenerational justice, all of which are integral to the efforts of the United States Environmental Protection Agency in the fulfilment of the Nuclear Waste Policy Act (NWPA) that supports the adoption of deep geologic repositories for the safe storage and disposal of radioactive wastes.

As a well-respected radiation and health physicist with over a decade of experience in research and teaching in several institutions and laboratories, our client's research also opens the prospects for further studies on radium contamination and immobilization in large-scale mining and milling processes, which will result in novel solutions that will be particularly beneficial to the United States Environmental Radiation Agency's mission on ecological recovery. The firm argued that our client’s research output demonstrates his competence and expertise in computational and experimental techniques and methodologies in his area of specialization, including in situ radiation monitoring and mapping; gamma, mass and optical-emission spectrometric analyses; and Monte Carlo simulations, all of which have enabled him to contribute to the health physics field to a degree significantly above his peers. In this regard, he is certain to contribute significantly to radiation detection, dosimetry, and radioecology in the United States public and environmental health, medical, and nuclear industries, the brief argued.

Health Physicists play a vital role in the United States public health and environmental safety, sustainable nuclear power generation, advancement in medical diagnostics and treatment, cancer research, and nuclear security. Our client has shown himself adept at bridging both the hard scientific and technical aspects of nuclear power, and the attendant health, ecological and nuclear security policy aspects of nuclear power as well. With our client’s other verifiable track record of well-documented and verifiable accomplishments, 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.

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 — with a dissertation focus on nuclear nonproliferation and permanent disposal of radioactive waste — 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 — radiation protection. 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 innovation and environmental justice.

Furthermore, our client's proposed endeavor is at the interface of science, technology and health; therefore, we concluded that his proposed endeavor should be viewed through the lens of advancing nuclear and radioactive safety, environmental sustainability, public health and technological impact. Thus, and most importantly, his research will potentially contribute meaningfully to nuclear and radioactive safety, particularly radioactive waste, protecting people and the environment from unnecessary exposure to radiation.

Additionally, the carefully written 49-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 96 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

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***FOR INFORMATIONAL PURPOSES ONLY. PAST SUCCESS DOES NOT INDICATE THE LIKELIHOOD OF SUCCESS IN ANY FUTURE LEGAL REPRESENTATION***

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