Blog Post

Friday, May 5, 2023

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 a doctoral candidate in the U.S. USCIS delivered the Approval Notice to my address last night.

Having shared this life-changing news with my client (a researcher in the field of environmental engineering), who was super excited to hear that his 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.

Procedural history:

On October 21, 2022, I filed this original EB-2 (NIW) brief.

On January 30, 2023, USCIS requested for additional evidence (RFE). Ouch! Client was worried; while an outright win is always good, some cases go all the way to the Administrative Appeals Office. As an immigration lawyer, I represent my clients at every stage.

On April 19, 2023, I responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).

On May 4, 2023, I received approval notice (USCIS actually mailed the notice on April 29, 2023).

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 my clients who are in the U.S., as in the case at hand, their (petitioner and derivative beneficiaries) Green Cards will be processed in the U.S. via the Adjustment of Status filing.

My young and ambitious client, whose highest level of education at the time of filing was a Master of Engineering in Agricultural and Environmental Engineering, had ZERO citation. My legal brief focused on the substantial merit and national importance of his proposed endeavor.

Inter alia, documenting his progressive academic and professional achievements, which he accumulated in Africa, and connecting that to the national interest of the United States, the initial brief survived the first prong only.

My brief argued, inter alia, that his proposed endeavor — developing and using novel membrane separation technologies for water treatment and other environmental-related processes — would be of both substantial merit and national importance by advancing the national interest of the United States: water security.

As the United States vows to tackle water security, environmental engineering will play a critical role, the brief argued, analyzing, in plain English, how my client’s research will tackle a very serious problem in the United States. As climate change threatens the U.S. and other countries, water security is a big deal.

In drafting this brief, I had multiple touchpoints with the client. Understanding what the client does is very critical to filing an NIW brief. My client’s proposed endeavor is crucial to achieving water security in the United States. Water security affects every aspect of the American society, including, but not limited to, health, livelihoods, productive economies, ecosystems and sustainability. Every American depends on water to survive. And America has a water crisis. Without enough clean water, Americans cannot keep themselves hydrated and clean, or/and provide sanitation services. Whether in Flint, Michigan, where corrosive water pulled lead from pipes and resulted in a public health crisis, or in Jackson, Mississippi, which lost access to safe running water after flooding, my client’s proposed endeavor would be instrumental in developing sustainable solutions to water crisis, and health and safety for the benefits of the American people, my brief argued.

Furthermore, my painstakingly written 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 initial brief, I submitted 45 exhibits, with additional 23 exhibits to support the RFE.

Like I previously mentioned, the initial brief did not survive all the three elements of the Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016): (1) his proposed endeavor has both substantial merit and national importance; (2) that he 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.

To satisfy the second and third prongs, I wrote another brief. My legal strategy was to respectfully acknowledge the concerns raised in the RFE. To cure the deficiency in the second prong, my brief highlighted, inter alia, the significant progress that my client had made on his ongoing research from the time of filing to the time of responding to the RFE. With his ongoing advanced degree in his area of expertise, my client has the ability to undertake research on desalination and proposed solutions to desalination, among other things implicated in his proposed endeavor, my brief argued. My brief evidently proved that my client was/is contributing significantly to the research work funded by the National Science Foundation. The assertion was corroborated by a recommendation letter from the chair of his department, among other distinguished experts.

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, I provided more evidence. In my own opinion, this is the trickiest legal analysis under the Matter of Dhanasar. As previously mentioned, the initial brief did not survive this prong. Here, my RFE 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 him 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, reinforcing the argument made in the initial brief by providing additional evidence. My RFE brief closed with a very strong argument, asking the USCIS to approve the petition, based on the preponderance of the evidence. Matter of Chawathe, 25 I& N Dec. 369, 375-76 (AAO 2010). 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 using his research to help the United States to address water security and water quality. This is a big win for my client and his family members (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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