THE LATEST WINNING BRIEF FROM THE LAW OFFICE OF AKINTUNDE F. ADEYEMO, PLLC
THE LATEST WINNING BRIEF FROM THE LAW OFFICE OF AKINTUNDE F. ADEYEMO, PLLC
I am happy to share that my law firm has successfully represented a client who is currently living and working in one of the biggest countries in Africa. USCIS delivered the Approval Notice to my address last night.
Because my client is currently living and working in Africa (time difference), I wanted to share the news with her first, so I did not share the news on the firm’s blog and other platforms yesterday.
Having shared this life-changing news with my client (a professional in the maritime sector), who was super excited to hear that her EB-2 (NIW) petition was approved by the U.S. Citizenship and Immigration Services (USCIS), I would like to provide more insights into this case.
This case, which I filed on April 6, 2023 (USCIS confirmed receipt on the 10th), was expedited using the premium processing option (USCIS charges a separate fee to adjudicate a case within 45 days).
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)? As you can see, this client hired me from her base in Africa. As indicated on the Approval Notice, her file will now be sent to the National Visa Center (NVC) for consular processing, meaning that their (petitioner’s and her derivative beneficiaries’) Green Cards will be processed at the appropriate U.S. embassy. For my clients who are in the U.S., their Green Cards will be processed in the U.S. via the Adjustment of Status filing.
My client, whose highest level of education at the time of filing was a Master of Business Administration, had ZERO citation. My legal brief focused on her work as an executive at one of the largest container terminals in Africa, which is managed by a company that operates one of the world's most comprehensive port and integrated inland service networks.
Inter alia, documenting her academic and professional achievements, which she accumulated in one of the largest countries in Africa, and connecting that to the national interest of the United States, the brief survived all the three prongs.
My brief argued, inter alia, that her proposed endeavor — advancing the maritime sector focusing specifically on using creativity and innovation to manage ports congestion and logistics — would be of both substantial merit and national importance and will lead to projected future contributions by solving problems that the United States has deemed to be of both substantial merit and national importance: protecting the interests of U.S. businesses that rely on ocean transportation, strengthening maritime supply chain and reducing costs for American consumers.
My client's work is at the intersections of business and maritime transportation, a critical sector. Transportation, particularly maritime transportation, is very critical to the economic growth, societal welfare and competitiveness of the United States; therefore, her proposed endeavor, I argued, should be viewed through the prism of developing creative and innovative solutions to the long-term complex problems that are facing ocean commerce in the United States. Because maritime infrastructure underpins the global economy and the supply chains, including food and healthcare, American livelihoods depend upon the smooth operations of domestic maritime transportation to move raw materials and other key commodities. Therefore, my brief argued, inter alia, that the maritime industry forms the arteries of commerce in the United States, particularly the critical supply chain and logistics. My client’s proposed endeavor, therefore, has implications for both national and global commerce.
Having read a similarly situated case that was denied by the USCIS, which was also affirmed by the Administrative Appeals Office, AAO (In Re: 21798932. See the footnote for the link), my 30-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 lawyer that understands all the nuances of the law. Before I draft every brief, I 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 this brief, I submitted 85 exhibits.
As a matter of fact, there was no RFE request, for the first legal brief survived all the three elements of the Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016): (1) 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 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. In my own opinion, this is the trickiest legal analysis under the Matter of Dhanasar. Having read a lot of denied cases via the Administrative Appeals Office, I usually consider the third prong as equally important as the first two prongs. Here, my legal analysis focused on three of the factors enumerated by the Dhanasar Court: (1) whether, in light of the nature of my client’s qualifications or proposed endeavor, it would be impractical either for my 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 my client’s contributions; and (3) whether the national interest in my client’s contributions is sufficiently urgent to warrant forgoing the labor certification process. I answered in the affirmative. Let me stop there, for now. I don’t want to bore you with the analysis. You can read more about my analysis of 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, my client is looking forward to implementing her proposed endeavor for the enhancement of the societal welfare of the United States, as well as potentially tackling the long-term challenges facing the American maritime sector, including supply chains and logistics. This is a big win for my client, her husband and children (derivative beneficiaries): that is the American dream.
Again, congratulations to my 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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In Re: 21798932: extension://elhekieabhbkpmcefcoobjddigjcaadp/https://www.uscis.gov/sites/default/files/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Advanced%20Degrees%20or%20Aliens%20of%20Exceptional%20Ability/Decisions_Issued_in_2022/AUG102022_02B5203.pdf