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The latest winning brief from The Law Office of Akintunde F Adeyemo, PLLC.

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented a client from Africa. U.S. Citizenship and Immigration Services (USCIS) delivered the Approval Notice to my residential address (at the time of filing, the firm did not have an office). Look at the spelling of my first name. Lol!

Having shared this life-changing news with our client — an executive at a global telecommunications company — who was super excited to hear that his EB-2 (NIW) petition was approved by the USCIS, the firm would like to provide more insights into this case.

Procedural history:

On November 5, 2022, the firm filed this original EB-2 (NIW) brief (USCIS confirmed receipt on November 7, 2022).

On January 27, 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. The firm represents clients at every stage.

On April 4, 2023, the firm responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).

On September 14, 2023, we received the approval notice at my residential address (USCIS actually mailed the notice on September 1, 2023). Though the case was approved last week, as a matter of law, the client’s priority date remains the same — November 7, 2022. And the priority date is current, per the U.S. Department of State Visa Bulletin for September. In plain English, even if subsequent clients got approved between January and December of this year, this particular client is first in line, for consular processing.

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 us from his base in Africa. As indicated on the Approval Notice, his file will be sent to the National Visa Center (NVC) for consular processing, meaning that their (petitioner’s and his 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.

Our client, whose highest level of education at the time of filing was a Bachelor of Technology in Physics (Electronics), has successfully executed a lot of complex telecommunications projects. Sure, the client does not have an advanced degree, but the firm invokes 8 CFR §204.5(k)(3)(i)(B), providing evidence of over five (5) years of progressive, post-degree experience in the specialty. The legal brief specifically focuses on the client’s years of progressive experience in the telecommunications industry.

The brief argues, inter alia, that his proposed endeavor — contributing to the strategic design, improvement and deployment of mobile or cellular network operations and power/project management in the telecommunications industry — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: development and deployment of 5G networks (both Non-Standalone Architecture and Standalone Architecture); communications assets or infrastructure, including cell sites or towers, that are critical to the nation

With his verifiable track record of successfully executing complex projects, our client is well positioned to advance the proposed endeavor, the brief argues.

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 argues that the client — who has unparalleled technical skills in the areas of radio base station, base station subsystem, network subsystem, and site cell configurations — is the kind of talent that will advance the national interest of the United States. In fact, our client, who has worked for multiple multinational companies, is well positioned to creatively help the United States to dominate the 5G race, which the United States has vowed to lead, bringing commercial, competitive and technical benefits to the United States. The brief shows that our client is well positioned to use his impressive technical capabilities to contribute meaningfully to the United States — which has over 418,887 cell sites or towers —and the telecommunications sector at large. As the U.S. positions itself to dominate the 5G technology race, our client’s impeccable experience, including his end-to-end understanding of network operations and power management, which are critical to the deployment of 5G technology, will serve the best interests of the United States.

Additionally, the carefully written 28-page 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 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 submits verifiable evidence showing that our client possesses an impressive record, including his leading role in the takeover of over a thousand field sites for a major player in the telecommunications industry, leading to network optimization and utility. The firm submits evidence to show that our client has acquired a deep understanding of the innerworkings of cellular or mobile networking operations for 1G-first generation, 2G-second generation, 3G-third generation, and 4G-fourth generation, 5G-fifth generation, and implemented complex protocols for the effective management and design of cell sites or towers.

As previously mentioned, the initial brief did NOT survive all the three prongs of the analytical framework in the precedent decision Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016): (1) that 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.

For the RFE brief, our legal strategy was to respectfully acknowledge the concerns raised in the RFE document. To cure the deficiencies, the brief highlights, inter alia, the significant progress national imperative of the proposed endeavor. With China and other adversarial powers attempting to outmaneuver the United States in this area, the brief argues that our client is well positioned to add immense value to the national development and economic growth of the United States. Evidently, the RFE brief argues, inter alia, that his proposed endeavor is altruistic in nature, as it will help the United States to build a resilient and sustainable telecommunications systems that can outcompete that of China’s. These assertions were evidently corroborated by both independent experts and evidence showing his past and current contributions.

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 argues, inter alia, that his 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 focuses 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 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 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 with a current priority date, our client will move on to the next stage: consular process via the National Visa Center, then at the designated U.S. embassy in his home country. This is a big win for the amazing Team at the firm. Most importantly, this is a big win for our client and his family members (derivative beneficiaries): 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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