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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 working in the semiconductor industry as a cybersecurity expert. USCIS delivered the Approval Notice to my address last night.

Having shared this life-changing news with my client (a versatile cybersecurity professional and information technology security auditor), 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.

Procedural history:

On April 21, 2023, I filed this original EB-2 (NIW) brief (USCIS acknowledged receipt on April 24, 2023).

On May 3, 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 May 8, 2023, I received a copy of the RFE. Surprisingly, the RFE was for another petitioner not represented by my firm. I immediately reached out to the USCIS, informing them that there was an error in the RFE.

On May 18, 2023, I received the actual RFE for my client, and USCIS decided that the brief did not satisfy all the three prongs. Because USCIS cherrypicked the 26-page brief, I started strategizing on how to respond to the RFE, curing the inconsistencies in the RFE.

On June 30, 2023, I responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).

On July 17, 2023, I received the Approval Notice (USCIS actually mailed the notice on July 13, 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 a 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. For H-1B clients, as in the case at hand, on June 14, 2023, the USCIS revised the regulatory requirements at 8 CFR 204.5(p), allowing for employment authorization documents (EADs). In practice, unlike F-1 and other non-immigrant visa holders who have to wait for the priority date to kick in, H-1B holders and their spouses may apply for EADs.

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

Inter alia, documenting her progressive academic and professional achievements, and connecting that to the national interest of the United States, the final brief survived all the three prongs.

My brief argues, inter alia, that my client will be contributing to the fields of information technology and cybersecurity, which would advance the national interest of the United States: safeguarding strategic asset such as data, and IT modernization.

As the United States vows to tackle malicious cyber campaigns, the brief argues, in plain English, how my client’s work in the semiconductor industry will advance the national interest of the United States: develop products that are impervious to attack and address privacy and data protection concerns during the product development process.

Also, my client’s proposed endeavor will potentially contribute to a safe and secure digital ecosystem for all Americans, as well as enhance the security of the products.

In drafting this brief, I had multiple touchpoints with the client. Understanding what the client does is very critical to filing an NIW brief. Based on her experience in the semiconductor industry, she has the intellectual capacity to contribute to securing the network infrastructure required for the supply chain lifecycle. My client’s proposed endeavor will also facilitate the implementation of security by design and privacy by design principles. Also, my client intends to collaborate with the IT teams to define requirements, conduct security assessments, and ensure interoperability and verification through rigorous testing, the brief argues. She will also be at the forefront of producing computer memory and computer data storage products, which heavily rely on cybersecurity initiatives to provide privacy and security to information being stored on internal and external drive, the brief further explains. In fact, electronic devices are critical to everyday life, and they work properly only if the chips are free of security vulnerabilities. By working in this area, the brief argues, my client will be advancing a top priority of the Biden-Harris Administration.

Furthermore, my painstakingly written brief cites, as well as analyzes, different applicable laws, regulations, and pertinent evidence to corroborate the assertions. NIW cases are tricky, so you need to consider hiring a lawyer who understands all the nuances of the law. Before I draft every brief, I do a 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 81 exhibits, with additional 19 exhibits to support the RFE brief.

Like I previously mentioned, the initial brief did not survive any of 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.

To satisfy all the three prongs, I wrote another brief. My legal strategy was to respectfully acknowledge the concerns raised in the RFE. (Like I said, I saw a lot of inconsistencies in the RFE, but I focused on how I could further reinforce the initial arguments.)

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 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, reinforcing the arguments 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 will continue her work in the areas implicated in her proposed endeavor, helping the United States to maintain its technological leadership. This is a big win for my client: 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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