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 earlier today.

Having shared this life-changing news with our happy client — who has demonstrated exceptional ability and promise in the areas of emerging technologies — the firm would like to provide more insights into this case.

This case, which the firm filed on September 13, 2024 (USCIS confirmed receipt on September 16, 2024, and approved on November 7, 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 Master of Science degree in Data Science from a top U.S. college — has previously supervised a team of software analysts across two counties, providing first-line software support to over 3,000 biometric registration kits nationwide. In fact, the firm provided verifiable evidence showing that he represented his alma mater at a National Research & Innovation Symposium. At the symposium, he presented his noble idea of enabling remote doctors in rural areas to enhance improved service deliveries to the communities in rural areas. His work on enabling remote doctors in rural areas is a prime example of his dedication to leveraging technology for societal benefit, the brief argued. This initiative has the potential to revolutionize healthcare delivery in underserved regions by providing access to quality medical care, which is often a challenge in rural areas. His contributions to the field of information technology, particularly in the realm of healthcare, have the potential to bring substantial benefits to the United States, the brief argued.

In drafting the legal brief, we specifically focused on his demonstrable unique skills and accomplishments in harnessing artificial intelligence and machine learning to revolutionize the healthcare sector. Our brief argued that, in an era defined by rapid advancements in technology, the intersection of artificial intelligence and healthcare has emerged as a beacon of hope, promising to revolutionize medical diagnostics and patient care. As a scholar deeply immersed in the realms of mathematics, computer science, and business studies, our client is uniquely positioned to spearhead innovative solutions that leverage AI and machine learning (ML) to address pressing challenges in healthcare delivery. By applying advanced deep learning algorithms to analyze radiological images, our client aims to enhance early detection and diagnosis of diseases such as pneumonia, lung cancer, and cardiovascular disorders, thereby improving patient outcomes and reducing healthcare costs.

Inter alia, documenting his progressive accomplishments, which he accumulated in Africa and America, 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 — contributing to the advancements in the field of medical informatics, with a specific focus on developing and implementing cutting-edge healthcare technologies that harness the power of artificial intelligence and machine learning to enhance early detection and diagnosis of diseases such as pneumonia, lung cancer, and cardiovascular disorders — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance.

With his other verifiable track record of tackling the complex challenges in medical informatics, as corroborated by distinguished professors and industry leaders, including the Head of the Mathematical Modeling and AI Department of a major health institution, with first-hand knowledge of his contributions, our client is well positioned to advance the proposed endeavor, the brief argued. From his time in his home country, where he represented his alma mater at a national event, to his pivotal role as a research assistant in groundbreaking projects within the U.S. health sector, our client has consistently demonstrated exemplary skills in statistical and mathematical applications to medical imaging.

Our client's contributions to medical imaging and Al-driven diagnostics are outstanding, as evidenced by his recent work on MRI image segmentation, which has been acknowledged by leading experts in the industry. Based on the solid evidence, the brief argued that his innovative approaches significantly advanced our understanding and application of convolutional neural networks in medical diagnostics, particularly in pneumonia identification. With his exceptional ability, a track record of achievement, our client has the talent and drive to push the boundaries of what's possible in medical AI; and our client is poised to make important advancements in a field of substantial national interest.

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 cognate experience in developing predictive models and AI applications for early disease detection and diagnosis — 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 — the application of emerging technologies. 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 making meaningful contributions to our society.

Additionally, the carefully written 37-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 80 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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