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 yesterday.

Having shared this life-changing news with our super-excited client — a smart and forward-looking chemist at a global biopharmaceutical company in the United States — the firm would like to provide more insights into this case.

This case, which the firm filed on March 13. 2025 (USCIS confirmed receipt on March 17, 2025, and approved the petition on May 3, 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 Pharmacy (graduating with high honor) — focuses on the development and optimization of controlled drug delivery systems, a critical area of research with far-reaching implications for the treatment of chronic diseases such as diabetes, cardiovascular disorders, and cancer. Her work involves the design and characterization of advanced drug delivery systems that improve therapeutic efficacy, reduce side effects, and enhance patient compliance.

Through her research, the brief argued, our client has demonstrated a deep understanding of pharmaceutical technology and a remarkable ability to apply theoretical knowledge to practical challenges. In fact, the firm provided verifiable evidence showing that her work has been instrumental in ensuring the safety and efficacy of therapeutic proteins used in the treatment of cancer, rheumatoid arthritis, and neurodegenerative diseases such as Alzheimer's. Her research aligns with the U.S. national interest, as it addresses some of the critical challenges in drug delivery and promotes the development of life-saving therapies.

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.

The brief argued, inter alia, that her proposed endeavor — contributing to the advancements of pharmaceutical sciences, with a specific focus on developing and validating analytical methods for drug characterization and biopharmaceutical quality control (particularly in the development of life-saving treatments for cancer, rheumatoid arthritis, and neurodegenerative diseases such as Alzheimer) that are critical to drug research and development — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance.

Our client’s work in optimizing drug delivery systems using advanced computational tools and experimental techniques is particularly notable, argued the brief. Based on the available corroborating evidence, our client has made significant contributions to the design and characterization of hydrogel-based nanoparticles that enhance the precision and efficacy of anticancer drug delivery.

By integrating artificial intelligence and multi-criteria decision-making techniques, our client has developed predictive models that analyze drug release profiles, accelerating the research process and improving therapeutic outcomes. Her expertise spans cutting-edge methodologies such as FTIR (Fourier Transform Infrared Spectroscopy) HPLC (High-Performance Liquid Chromatography) and UPLC (Ultra-Performance Liquid Chromatography), and particle size analysis, effectively bridging computational modeling with experimental validation—a rare and valuable skill set in pharmaceutical sciences, the brief argued.

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 — an accomplished pharmaceutical scientist with extensive experience in quality control and analytical testing for biologics and small-molecule therapeutics — 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 — designing drug delivery systems, the brief explained that our client’s past and current accomplishments are clearly indicative of her future contributions.

Furthermore, our client’s work is of national importance, as it aligns with the U.S. pharmaceutical industry’s ongoing efforts to enhance drug formulation strategies for controlled release and targeted delivery. By designing drug delivery systems that extend gastric retention and improve drug stability, our client’s research contributes directly to the development of more effective treatments for chronic diseases, including cancer, diabetes, and gastrointestinal disorders which affect millions of Americans. The impact of her work is far-reaching, as it helps address key issues such as reducing dosage frequency, minimizing side effects, and enhancing patient adherence to medications—all of which are crucial for public health advancements in the United States.

Furthermore, our client's work is of immense value to the United States, as it contributes to the advancement of pharmaceutical technology and supports the nation’s leadership in healthcare innovation. By improving the precision and efficacy of drug delivery systems, her work has the potential to reduce healthcare costs, improve patient outcomes, and alleviate the burden of chronic diseases on society. Her research aligns with national interest, as it addresses critical challenges in drug delivery and promotes the development of life-saving therapies. Her ability to integrate pharmaceutical technology with biomedical engineering principles demonstrates her exceptional capabilities and the significance of her work, the brief concluded.

Additionally, the carefully written 37-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 62 exhibits, including evidence of judging the work of others, awards, research, and other pertinent evidence.

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

#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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