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 over the weekend.

Having shared this life-changing news with our super-excited client — an intellectually smart physician-scientist (graduated with the highest honors in medicine) — the firm would like to provide more insights into this case. A highly trained epidemiologist, our client’s distinguished contributions in preventive and clinical medicine have earned her, inter alia, a prestigious nationally funded award.

This case, which the firm filed on January 30, 2025 (USCIS confirmed receipt on February 3, 2025, and approved the petition on February 25, 2025), 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, her 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 Public Health (MPH) with a concentration in Epidemiology — represents exactly the caliber of maternal and child health expert that our nation's underserved low- and moderate- income communities so desperately need. In fact, the firm provided verifiable evidence showing her research interests focus on two areas that are critical to improving and ensuring positive health outcomes for communities across the US: maternal/child health and mental healthcare.

Inter alia, documenting her progressive accomplishments, which she accumulated in two different continents, and connecting that to the national interest of the United States, the brief survived all the three prongs. unique blend of academic expertise and real-world experience positions her exceptionally well to advance her proposed endeavors. Her selection as a National Science Foundation Fellow, a U.S. government funded program for brilliant leaders who have demonstrated excellence and significant impact in science, civic engagement, or public management, and public health underscores her exceptional qualities. 

The brief argued, inter alia, that her proposed endeavor — conducting and advancing research in the critical areas of maternal/child health and mental healthcare, with a specific focus on developing and implementing a scalable and innovative traditional birth attendant model, as well as developing group-based psychoeducational interventions for trauma-exposed mothers, within vulnerable and underserved populations across the United States — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance.

The brief argued that our client’s proposed endeavor is a groundbreaking initiative aimed at improving mental health care for Refugee, Immigrant and Migrants (RIM) mothers, a critically underserved population. Through psychoeducational interventions, our client’s work will provide essential knowledge about mental health, its effects on family dynamics, and effective coping strategies. By addressing the unique challenges faced by RIM mothers, the endeavor reduces barriers to care and alleviates the mental health burden on families, fostering healthier and more resilient communities, the firm argued. What sets this work apart is its innovative dual-method evaluation approach, combining quantitative measures of mental health outcomes with qualitative insights into participant experiences.

In fact, as a key participant in a high-priority research project funded by multiple state agencies, as corroborated by distinguished professors and distinguished experts with first-hand knowledge of her contributions, and her proven track record of success, our client is well positioned to advance the proposed endeavor, the brief argued. Highly skilled health professionals like our client, who are committed to meeting the healthcare needs of low- and moderate- income families, are precisely what the U.S. needs. Drawing on her extensive experience serving resource constrained communities in her home country, our client is currently working to identify potential funding sources to support expansion of existing healthcare services for mothers and babies.

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 has proposed psychoeducational programs designed to assist mothers coping with the psychological impact of migration and caregiving responsibilities — 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 — mental, maternal and child health. The brief explained that our client’s past and current accomplishments, including her work in both the public and private sectors, are clearly indicative of her future contributions. The brief also showed that our client is deeply committed to advancing maternal and child health, an area in which she has made significant contributions. She has demonstrated a unique ability to bridge gaps in healthcare delivery and improve outcomes in resource-limited settings.

Additionally, the carefully written 44-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 her field of specialty. To support this brief, the firm submitted 78 exhibits, including evidence of publications, citations and awards.

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 her proposed endeavor has both substantial merit and national importance; (2) that she 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 she 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 her 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 her 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 her 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

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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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