Blog Post

Wednesday, September 20, 2023

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 the firm’s address yesterday.

Having shared this life-changing news with our client — a Realtime Defect Analysis Engineer and Researcher — 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.

This case was filed on June 1, 2023 (USCIS confirmed receipt on June 6, 2023). In this case, our client opted for a regular processing, which takes between 3 to 9 months to adjudicate. Sure, this adjudication took months, but prospective clients can choose a premium processing, but the USCIS charges a lot of money for that (premium adjudication has no bearing on the outcome of a case, so think twice before making that expensive decision).

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 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.

Our client, whose highest level of education at the time of filing was a Master of Science in Materials Science and Engineering, was awarded a competitive academic fellowship. The legal brief specifically focuses on his unparalleled skills and accomplishments in the field of materials science.

Inter alia, documenting his progressive accomplishments, which he accumulated in Africa and America, and connecting that to the national interest of the United States, the brief survives all the three prongs.

The brief argues, inter alia, that his proposed endeavor — conducting and advancing research in the field of materials science, with a specific focus on defect analysis of semiconductor devices manufacturing in realtime — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: semiconductor research, development, and production.

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 is at the forefront of semiconductor manufacturing innovation — is the kind of talent that will advance the national interest of the United States.

Additionally, the carefully written 27-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 of success in his field. To support this brief, the firm submits 73 exhibits.

Furthermore, our client — who once worked as a researcher in a laboratory directed by a Nobel Laureate professor and another distinguished professor — has qualifications that are far superior to those required by the US semiconductor industry. Our client's work is crucial in ensuring the quality and reliability of semiconductors that are used in a wide range of applications. His expertise in defect analysis, statistical process control, failure mode, effect analysis, and materials characterization techniques has enabled him to develop and implement innovative solutions that have contributed to the improvement of semiconductor manufacturing processes, resulting in significant cost savings and increased product quality that we use in our normal daily lives.

As a matter of fact, there was no RFE request, for the legal brief survives all the three prongs of the analytical framework in the precedent decision 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. And the brief establishes that he satisfies 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 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 while waiting for the priority date to kick in, our client will continue his work in the areas implicated in the proposed endeavor. This is a big win for the amazing Team at the firm. Most importantly, this is a big win for our client and: 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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