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 overnight.

Having shared this life-changing news with our super-excited client — a highly distinguished senior product manager in generative artificial intelligence and search technologies — the firm would like to provide more insights into this case. In this case, we provided verifiable evidence showing that our client has played an instrumental role in developing AI-driven solutions that significantly benefited U.S. businesses. Our client possesses a rare combination of skills in Al, machine learning, and product development.

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 in Engineering Management — has spearheaded the development of several Al-powered solutions that have now been deployed by a publicly traded company. In fact, the firm provided verifiable evidence showing his expertise in leveraging Al to address real-world challenges. In drafting the legal brief, we specifically focused on his demonstrable unique skills and accomplishments in the field of financial technology, FinTech. By leveraging adaptive AI and behavioral analytics, our client’s solution aims to shift fraud detection from traditional, reactive models to a proactive, adaptive framework, aligning with U.S. financial protection regulations and contributing to national economic resilience, the brief argued. Inter alia, documenting his progressive accomplishments, and connecting that to the national interest of the United States, the brief survived all the three prongs.

Furthermore, the brief argued, inter alia, that his proposed endeavor — contributing to the advancements of financial technology, FinTech, with a specific focus on developing a next-generation Adaptive Behavioral Intelligence Platform that utilizes Generative Artificial Intelligence, AI, to detect and prevent fraud within the U.S. eCommerce and retail sectors — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance. By utilizing Generative AI, our client’s platform will help U.S. businesses detect and prevent fraud, contributing significantly to U.S. competitiveness and consumer confidence, the brief argued. Our client stands out in the field due to his unique ability to combine qualitative insights with quantitative data. This skill is critical to developing innovative solutions that meet both business needs and consumer expectations.

With his other verifiable track record of successfully executing (and currently involved in) complex projects the United States, 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. A seasoned product manager with eight years of experience specializing in AI/ML, analytics-driven, and digital transformation solutions across critical industries, such as financial services, manufacturing, and technology, our client's ongoing work has direct applications in industries such as financial services, eCommerce, and retail, sectors critical to U.S. economic resilience and consumer protection. Our client's proven ability to lead cross-functional teams, based on the available evidence, is a testament to his exceptional problem-solving skills and leadership in the AI-driven space.

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 work will address a critical need in the financial services and eCommerce industries — 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 — AI-driven solutions for fraud detection and prevention. Leveraging verifiable evidence, the brief explained that our client’s past and current verifiable accomplishments are clearly indicative of his future contributions. The brief also showed that our client has maintained a relentless commitment to, inter alia, driving U.S. progress in AI-based financial inclusion and data intelligence.

Additionally, the carefully written 38-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 69 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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