Blog Post

Tuesday, December 24, 2024

Multiple Victories for Our Clients!

Two EB-2 (NIW) Cases Approved: One in the Field of Aerospace Engineering, the Other in the Field of System Modeling

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented two clients — a smart and promising space science engineer with a proven history of developing novel solutions in space science engineering; and the other client is a young, brilliant (graduating with first class honors) first-generation mathematician and statistician — who are currently residing in the United States.

At the time of filing, one of the client’s highest level of education was a Master of Technology in Space Science and Technology (Satellite Communication), while the other client had a Master of Science in Applied Mathematics (currently pursuing his Ph.D. in System Modeling, with concentration in Statistics and Data Science). One of our client is armed him with technical and theoretical knowledge in some of these advanced courses that earned him distinctions: 1. Linear Models. 2. Machine Learning Algorithms. 3. Design & Analysis of Experiments. 4. Discrete Optimization. 5. Statistical Computing. 6. Mathematical Statistics. 7. Numerical Analysis. Both clients received these and other advanced degrees from well-known universities in both the United States and Africa.

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.

One of the cases was filed on October 10, 2024 (USCIS confirmed receipt on October 11, 2024; the case was approved on December 19, 2024), while the other case was filed on November 12, 2024 (USCIS confirmed receipt on November 25, 2024; the case was approved on December 15, 2024). Both clients opted for the premium processing option (USCIS charges a separate fee to adjudicate a case within 45 days). 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 the first client in the field of aerospace engineering, our 45-page brief argued, inter alia, that his proposed endeavor — conducting and advancing research in the field of space science, with a specific focus on developing technologically innovative design, including the design of a satellite communication platform with intelligence capabilities, to address and support a critical challenge in space capabilities faced by the United States — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: enhance the U.S. secure satellite communication capabilities and human spaceflight/space exploration, positioning the United States as a global leader in space science.

In fact, our brief explained his exceptional potential for contributing to the goals of the Artemis Accords, particularly in Aerospace Development & Design, and his focus on scientific research and technologically innovative designs to address and support critical challenges in our space capabilities, which will provide important contributions to the Artemis Accords' goal to maintain U.S. pre-eminence in space exploration capabilities. With his unique qualifications as a Satellite Communication Design Engineer, with over ten years’ relevant experience and strong background in international space issues, our client’s work aligns with our nation’s goals in space.

Also, with his past and ongoing contributions to the private and public sectors — as corroborated by leading industry experts, including from including the National Aeronautics and Space Administration, Commercial Space Transportation Advisory Committee at the Federal Aviation Administration, and distinguished professors of practice — we provided verifiable evidence showing that our client is currently working with a design team on a prestigious space program that is developing platforms that can be used for outer space communication. In this role, he led (classified) research projects and interfaced directly with space companies like NASA and Lockheed Martins. The brief also provided evidence showing that our client is currently working on a geoportal for security and defense intelligence with Geopositioned System and Global Navigation Satellite system and tracking capabilities. Our client is an individual with the drive, talent, and education necessary to assist American firms in moving our national space program forward, the brief concluded.

For the second client in the fields of system modeling, our 51-page brief argued, inter alia, that his proposed endeavor — contributing to the advancements of health informatics and cloud architecture, with a specific focus on leveraging advanced cloud computing and artificial intelligence (AI) technologies to develop and enhance Electronic Health Record (EHR) systems that are highly secure and interoperable, providing real-time analytics for improved decision-making at the point of care — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: improving data security, scalability and efficiency, modernizing electronic health records, enhancing accessibility, and improving patient care and outcomes across the nation.

Our brief provided evidence showing that our client possesses a robust academic background that directly relates to his area of exceptional ability. His advanced studies have equipped him with a profound understanding of complex statistical methodologies, which he adeptly applies to solve real-world healthcare challenges. His academic records, which include exemplary grades and accolades, reflect his dedication and exceptional aptitude in his field. His combination of technical knowledge, creativity, and commitment to applying statistical methods to healthcare challenges makes him an ideal candidate for this waiver.

In this case, we provided evidence showing the different aspects of his research. The trend in healthcare is the utilization of machine learning to complement what physicians do. Our client work has been very impressive. His research areas in precision medicine and machine learning in healthcare will potentially develop tools that will help focus on medical treatments for individual patients based on their genetics and environmental profiles.

One of the standout aspects of our client's work is his application of survival analysis and Bayesian statistics to chronic wound care. Chronic wounds affect millions of patients in the U.S. and account for over $28 billion in healthcare costs annually. Our client's predictive models can help optimize treatment pathways by accurately forecasting wound healing times and identifying potential complications early. This allows healthcare providers to tailor treatments to individual patients, reducing recovery times and preventing the costly re-hospitalizations that often occur due to wound-related complications.

In cancer detection, our client's work is equally impressive. His research on machine learning algorithms applied to imaging data, such as MRI and CT scans, holds the potential to revolutionize early cancer diagnosis. By increasing diagnostic accuracy by up to 15-20%, his models can help identify cancers at earlier stages, improving survival rates and significantly reducing long-term treatment costs. This aligns perfectly with the U.S. healthcare system’s focus on early detection and intervention as critical components of lowering mortality and improving patient outcomes.

Furthermore, our client's research into liver transplant outcomes could have a transformative impact on the allocation of medical resources in the U.S. With over 8,000 liver transplants performed annually, accurate predictions of transplant success are crucial for improving patient survival rates and reducing the need for costly re-transplantations. Our client's machine learning models can improve donor-recipient matching by 10-15%, ensuring better outcomes and more efficient use of limited medical resources.

Another area where our client's research stands out is in his work on multi-omics data integration. This emerging field involves analyzing large-scale datasets from genomics, proteomics, and transcriptomics to uncover therapeutic targets and develop personalized treatment plans for diseases such as cancer and liver disease. The U.S. healthcare system is moving towards more personalized and data-driven care models, and our client's expertise in handling these complex datasets positions him as a leader in this transition. His work in this area is not only cutting-edge but also highly relevant to the U.S. healthcare system’s focus on precision medicine. His ability to combine machine learning algorithms with biological data will play a pivotal role in uncovering new therapeutic targets and improving patient care outcomes.

Finally, his work on improving the interoperability of Electronic Health Records (EHRs) through the integration of cloud computing and AI-powered analytics is an example of how his research can address one of the most significant challenges facing healthcare providers today, the brief argued. His research also holds significant implications for public health. Accurate and timely data sharing is critical for managing public health crises, such as disease outbreaks and pandemics, the brief concluded.

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. For both briefs, we submitted 212 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 research 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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***FOR INFORMATIONAL PURPOSES ONLY. PAST SUCCESS DOES NOT INDICATE THE LIKELIHOOD OF SUCCESS IN ANY FUTURE LEGAL REPRESENTATION***

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