Three EB-2 (NIW) Cases Approved for Clients in the Following Fields: Cloud Systems Engineering; Medical Data Science; and Cybersecurity
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 — a smart engineer with multiple industry-leading certifications in cloud computing, who has worked for top global organizations, including a government-owned entity, and who currently works as a cloud engineer for an American-owned global technology leader — has over seven years of extensive experience in cloud platform design and operations across various industries. At the time of filing, the client’s highest level of education was a Master of Engineering in Electronic Systems Engineering. Previously, the client led pivotal projects and delivered impactful solutions in cloud systems engineering, including spearheading automation initiatives, optimizing cloud infrastructure resources, and implementing unified cloud platforms to reduce operational costs and enhance efficiency.
The second client — who has consistently and progressively distinguished herself from her peers, graduating with First Class Honors, meritoriously earning multiple awards as the top student in the Mathematics and Statistics Departments, and earning an impressive grade point average of 3.80 during her advanced degree in Statistics and Data Science from a prestigious tier-one American university — has made significant contributions to data-driven projects across multiple sectors, including federally funded healthcare and transportation initiatives. Her innovative work in these areas has been widely recognized, and her expertise has been instrumental in driving the success of these projects. At the time of filing, her highest level of education was a Master of Science in Statistics and Data Science. She previously earned a Bachelor of Science in Mathematics and Statistics with First Class Honours (Summa Cum Laude), distinguishing herself as one of the top graduates in her class.
The third client — an exceptionally brilliant, multiple-award winning and forward-looking cybersecurity expert, with a proven history of working as a Technical Lead for a national agency, and a current pursuit as a Cyber and Strategic Risk Consultant at a global firm — has made significant contributions to technology-driven projects across multiple sectors, including healthcare and cybersecurity initiatives. His innovative work in these areas has been widely recognized, and his expertise has been instrumental in enhancing data protection and security frameworks. At the time of filing, his highest level of education was a Master of Science in Information Technology with a cybersecurity concentration (CGPA 3.97/4.0). Our client’s award-winning work and leadership on projects like the AI-enabled Cyber Anti-counterfeiting Solution — which automatically detects outlets selling counterfeit medicine online and the dark web as well as an integrated intelligence sharing platform to alert pharmaceutical companies of these bad actors — demonstrate his ability to drive innovation and produce results in the most sensitive and high-stakes cybersecurity environments, the brief argued.
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 May 15, 2024 (USCIS confirmed receipt on May 17, 2024; the petition was upgraded to premium on October 1, 2024; the case was approved on December 2, 2024); the second case was filed on October 17, 2024 (USCIS confirmed receipt on October 21, 2024; the case was approved on December 2, 2024); and the third case was filed on November 12, 2024 (USCIS confirmed receipt on November 15, 2024; the case approved on December 6, 2024). All the cases were filed through premium processing. 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 35-page brief argued, inter alia, that his proposed endeavor — contributing to the advancements in the field of cloud systems engineering by focusing specifically on exploring the integration of artificial intelligence and predictive modeling to effectively manage compute demand in cloud environments, as well as the development of techniques for efficient virtualization consolidation — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: optimizing cloud infrastructure utilization, and enhancing the reliability of cloud services across industries critical to the U.S. economy, including technology, healthcare, and government operations.
Our client’s main objective is to explore the integration of artificial intelligence and predictive modeling to effectively manage compute demand in cloud environments. The aim is to empower cloud platform providers to optimize their compute resources, with a specific emphasis on reducing energy consumption within data centers, the brief argued.
In fact, the firm provided verifiable evidence to show that our client has already successfully implemented similar innovations, including an automated rolling upgrade process for Linux kernel updates in data centers, optimized compute resource allocations, and cost-saving unified cloud platform solutions, demonstrating his capacity to drive impactful advancements in cloud systems engineering.
For the second client, our 47-page brief argued, inter alia, that her proposed endeavor—contributing to the advancements in the field of medical data science, with a specific focus on developing innovative machine learning (ML) and artificial intelligence (AI) algorithms, as well as predictive models and solutions for early disease detection, enhancing the accuracy and efficiency of disease diagnosis, and enabling early intervention for heart diseases—will potentially solve problems that the United States has deemed to be of substantial merit and national importance: reducing the burden of cardiovascular diseases, improving public health outcomes, and advancing the nation’s leadership in medical technology innovation.
By integrating vast amounts of medical data, these tools can uncover patterns and insights that are not immediately evident through traditional methods, leading to more effective and personalized treatment plans, the brief argued.
In fact, the firm provided verifiable evidence to show that our client has already demonstrated significant progress in these areas, including the successful development of predictive models for heart disease detection using machine learning, which have the potential to transform patient care and save lives.
For the third client, our 46-page brief argued, inter alia, that his proposed endeavor — contributing to the advancements of cybersecurity, with a specific focus on the development of a new AI-driven data exfiltration monitoring solution, promoting security automation, and the development of a cyber threat intelligence sharing platform for the health sector — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: safeguarding sensitive healthcare information, mitigating data breaches, and strengthening national cybersecurity resilience in critical infrastructure sectors.
Our client’s solution also offers proactive security measures to predict and prevent data breaches by learning from past incidents and continuously updating threat detection algorithms, the brief argued.
In fact, the firm provided verifiable evidence to show that our client has already made impactful contributions in these areas, including conducting end-to-end gap analyses on cybersecurity frameworks, developing AI-driven solutions to protect personal identifiable information (PII) and protected health information (PHI), and implementing measures that significantly reduce the risk of data exfiltration in healthcare systems.
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 260 exhibits.
As a matter of fact, there was no RFE request, for 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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