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Four EB-2 (NIW) Cases Approved for Clients in the Following Fields: Food Science and Technology; Ophthalmology; Environmental and Sustainable Engineering; and Clinical Medicine


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QUADRUPLE WINS FOR OUR CLIENTS: A BIG CONGRATULATIONS!



The Law Office of Akintunde F Adeyemo, PLLC has successfully represented four clients in the above-cited fields. The clients are nationals of four different countries.


The first client — a highly sought-after and forward-thinking food safety and quality manager —has over 20 years’ cognate experience in helping food manufacturers to develop and manage their food safety management system. At the time of filing, the client’s highest level of education was a Master of Science degree in Food Safety Management. Also, the client is a fellow of the Institute of Food Science and Technology, the highest membership category of the institute.


The second client — an exceptionally intelligent physician-scientist whose promising research involves developing AI-driven predictive models for early disease detection and management of retinal vascular diseases, particularly those associated with diabetes and hypertension; and one whose novel research approach and accomplishments have earned her a postdoctoral research fellowship at a prestigious tier-one American university — has demonstrated exceptional analytical capabilities, a deep understanding of healthcare processes and outcomes, and a commitment to advancing equitable, data-driven solutions to improve patient care and quality of health care services. At the time of filing, the client’s highest level of education was a Master of Public Health degree.


The third client — an ambitious researcher in the field of environmental and sustainable engineering, and a recipient of the prestigious Mastercard Foundation scholarship — is conducting important research on emerging contaminants, which pose a threat to all Americans through contaminated water and soil. A doctoral student in environmental engineering, at the time of filing, the client had a Master of Science degree in Civil, Environmental and Sustainable Engineering.


The fourth client — a highly accomplished and exceptionally skilled expert in clinical trial management, with a particular focus on oncology — continues leading cross-functional clinical research teams to design and execute clinical trials that advance novel pharmaceutical therapies. With a Bachelor’s degree of Medicine [equivalent to Doctor of Medicine (MD) in the United States], our client also obtained an MBA in Health Administration. Our client has a proven track record of successfully leading global cross-functional teams to design and conduct multinational clinical trials. With several meritorious awards, our client has worked on initiatives that brought together experts from across the biopharmaceutical industry to address challenges in clinical development.


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.


The first case was filed on May 8, 2024 (USCIS confirmed receipt on May 13, 2024; the case was approved on May 22, 2025); the second case was filed on April 16, 2025 (USCIS confirmed receipt on April 18, 2025; the case was approved on May 22, 2025); the third case was filed on December 21, 2023 (USCIS confirmed receipt on December 28, 2023; the case was approved on May 19, 2025); and the fourth case was filed on April 11, 2025 (USCIS confirmed receipt on April 15, 2025; the case was approved on May 21, 2025). Two of the cases were filed through premium processing, while the remaining two cases were filed through regular processing. While a premium processing takes 45 days to adjudicate, 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. For clients who are domiciled abroad, they will go through the consular processing.


For the first client, our 33-page brief argued, inter alia, that his proposed endeavor — contributing to the advancements in the field of food science and technology by helping food manufacturers to develop and manage their food safety management system, particularly a scalable playbook for conducting suppliers' audits, raw materials risk assessments and ingredients reviews — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: food safety and food security.


Our client, who was trained as a food safety management in England, has over 20 years’ experience in his field of specialty, including his current leading role at a big chain in the United Kingdom. Our client's experience in establishing and maintaining food safety quality management systems is highly sought after and will be beneficial to the U.S. food manufacturers and caterers in complying with the current FDA food safety regulations. Developing a food safety culture in food businesses requires an experienced food safety professional like our client, the brief argued.


For the second client, our 37-page brief argued, inter alia, that her proposed endeavor — conducting and advancing research in the field of ophthalmology, with a specific research focus on leveraging artificial intelligence and other cutting-edge technologies to revolutionize the early detection and management of retinal vascular diseases, particularly those associated with diabetes and hypertension, and developing scalable solutions that improve patient outcomes, optimize healthcare costs, and expand accessibility to underserved populations — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: reducing blindness and impaired vision.


In fact, the firm provided verifiable evidence to show that our client is working at a prestigious institution that receives research support from the National Eye Institute. Her research was also accepted for presentation at the Association for Research in Vision and Ophthalmology, the largest and highly respected eye research conference in the world. Research on eye diseases, especially using non-invasive imaging tools such as those our client is developing, is essential for reducing blindness, a major public health issue in the United States. Diabetic retinopathy, for example, is the leading cause of vision loss in working-age adults. Our client’s work is directly addressing this problem by improving our ability to detect and treat disease earlier, the brief concluded.


For the third client, our 28-page brief argued, inter alia, that her proposed endeavor — conducting and advancing research in the field of environmental and sustainable engineering, focusing on investigating endocrine-disrupting chemicals (EDCs) in water, wastewater and biosolids, with a specific emphasis on per- and polyfluoroalkyl substances (PFAS) — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: water security.


In fact, the firm provided verifiable evidence to show that our client was also awarded the Water and Environment (WEF) STEM Inflow scholarship to participate in the biggest water industry conference in North America. Our client is conducting important research on emerging contaminants, which pose a threat to all Americans through contaminated water and soil. Her research will generate new insights on the contaminants that pose the greatest risks and how to mitigate those risks. This type of research is of critical importance to the United States and protecting the public health of all Americans, retaining the skills and dedication of our client within the United States will be essential in achieving great advances in water sustainability and the protection of public health, the brief concluded.


For the fourth client, our 45-page brief argued, inter alia, that her proposed endeavor — contributing to the advancements of clinical trials research, with a specific focus on leveraging cutting-edge and innovative technologies, to advance novel pharmaceutical therapies that targets malignant tumors and cancers, as well as improve trial design and decision-making for oncology/cancer clinical research — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: supporting cancer research and public health.


In fact, the firm provided verifiable evidence to show that our client’s significant contributions have been well recognized in the industry. The verifiable evidence included her leading role at global life sciences companies. Our client’s exceptional expertise in clinical trial execution, regulatory engagement and statistical interpretation significantly enhances the integrity of multiple oncology studies. Her approach to data-driven decision-making and risk evaluation directly contributes to the fundamental goal of advancing novel cancer treatments, the brief argued. Her contributions to oncology clinical research, particularly in early-phase drug development, directly support advancements in cancer therapeutics, benefiting both the biopharmaceutical industry and public health, the brief concluded.


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. To support all four briefs, the firm submitted 342 exhibits.


As a matter of fact, of the four filings, there was only an RFE for the first client, and the petitions 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 work 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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