Blog Post

The Law Office of Akintunde F Adeyemo, PLLC has successfully represented a client in the field of medical and clinical data science. 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 super-excited client — an expert in clinical research management, particularly in cancer research, working currently at a U.S.-based oncology-focused company — the firm would like to provide more insights into this case. The brief highlighted the implications of his proposed endeavor, which will, among other things, enhance innovation in the healthcare sector.

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 Business Administration (Clinical Research Management), with previous degrees in both biotechnology and computer science — has made substantial contributions to the field and is poised to further innovate by incorporating artificial intelligence and machine learning into clinical trial methodologies.

In drafting the legal brief, we specifically focused on his demonstrable unique skills and accomplishments in the field of medical and clinical data science. We provided verifiable evidence showing that our client's commitment to data accuracy and regulatory compliance has consistently led to successful clinical trial outcomes. What sets our client apart is the perfect combination of his educational background in biotechnology/clinical research and computer science/data science along with two decades of enriching experience in clinical research domain, the brief argued. His forward-thinking approach to integrating cutting-edge technologies into clinical research will benefit the industry at large.

Inter alia, documenting his progressive accomplishments, which he accumulated in three 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 — contributing to the advancements of medical and clinical data science, with a specific focus on leveraging emerging technologies, including advanced statistical techniques, Artificial Intelligence and machine learning algorithms, to predict patient outcomes and improve trial design and decision-making for oncology/cancer clinical research — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: enhancing patient care and public health outcomes in the United States.

With his other verifiable track record of successfully executing (and currently involved in) clinical research/drug discovery, 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. We provided evidence showing that our client has been actively working on strategies to implement artificial intelligence and machine language in clinical trials, recognizing their potential to revolutionize data analysis and decision-making processes. By utilizing predictive modeling and data analytics, our client aims to, inter alia, optimize patient recruitment, enhance study designs, and expedite the drug development process, ultimately benefiting patient outcomes in oncology/cancer research in the US.

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 — who possesses an extraordinary depth of knowledge in clinical data management, biostatistics, and clinical trial design — 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 — leveraging emerging technologies for oncology/cancer clinical research. 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 integrating emerging technologies into clinical trials.

Furthermore, our client's proposed endeavor, which is within the field of medical and clinical data science, is at the interface of science, technology, and health; therefore, his proposed endeavor should be viewed through the lens of clinical trials, drug development, and clinical data management, the brief argued. The brief further argued, among other things, that his proposed endeavor will have a significant impact on public health and the pharmaceutical industry.

Additionally, the carefully written 46-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 101 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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