Blog Post

Multiple Victories for Our Clients!

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented two clients — a highly distinguished senior machine learning engineer; and the other client is an award-winning physician-scientist — 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 Science in Computational Science and Engineering, while the other client had a Master of Science in Engineering, Science and Technology Entrepreneurship. Both clients received their advanced degrees from well-known universities in the U.S.

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 January 29, 2025 (USCIS confirmed receipt on January 31, 2025; the case was approved on March 24, 2025), while the other case was filed on November 7, 2023 (USCIS confirmed receipt on November 10, 2023; the case was approved on March 24, 2025). One of the 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. Clients, who are domiciled abroad, will go through the consular processing.

For the first client in the field of computational science, our 48-page brief argued, inter alia, that her proposed endeavor — contributing to the advancements of computational science, with a specific focus on leveraging advanced cloud computing and artificial intelligence technologies to enhance and develop highly secure and scalable high-performance computing systems that can enable the design of rigorous and interpretable real-time AI solutions — will potentially solve problems that the United States has deemed to be of substantial merit and national importance.

In addition to her past work at the Lawrence Berkeley National Laboratory, we provided credible and verifiable evidence to show that our client has gained valuable experience designing and implementing cloud-based, real-time AI solutions that have delivered significant benefits to American customers, users, and researchers. Her work, which spans industries including scientific research, insurance, professional networking, and financial services, reflects her ability to navigate through a wide range of challenging problems and deliver impactful results, the brief argued.

As a lead in different transformational projects in her field of specialty, our client has shown herself to be an extraordinary talent. Industry leaders attested to her remarkable contributions to the development and growth of data science and machine learning initiatives. Having built a portfolio of successful real-time AI solutions that have driven significant business impact, we provided verifiable evidence to show that she has played a pivotal role in implementing a transformer-based neural network model to detect customer intent and generate fast and accurate responses in real-time agent-customer support chat sessions. We provided credible to show that her contributions and expertise were instrumental in launching a customer-facing conversational AI product from pilot program to full-scale daily chat conversations.

For the second client in the field of medical science, our 37-page brief argued, inter alia, that her proposed endeavor — conducting and advancing research in the field of medical science, with a specific focus on breast cancer research and pioneering treatments for rare diseases through gene therapies — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance.

In fact, the verifiable evidence show that our client is driving advancements in health equity, conducting diversity landscaping in cancer to improve diversity and inclusivity in clinical trials. She has contributed meaningfully to a national initiative that engages various government, non-profit, and private partners across the rare disease and gene therapy ecosystem to substantially and positively impact the larger gene therapy field – and the broader regulatory landscape as a whole.

Her unique combination of talents and experience as a physician, entrepreneur, and business strategist allowed her to think creatively and identify best ways to delve into complex subject matter, think about the end user (atypical/non-Big Pharma rare disease gene therapy developers), and develop a cohesive, navigable product that would be transformative for this underserved population, the brief argued.

In fact, leading experts in both the industry and academia unanimously affirmed that our client's work directly serves the mission of the FNIH, NIH, and FDA in accelerating these therapies to patients in need – and more broadly establishes a precedent for other transformations in regulatory processes for US healthcare.

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 petitions, we submitted 131 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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