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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 the firm’s address yesterday.

Having shared this life-changing news with our client — an expert in the areas of financial modeling, business analytics and financial analytics — who was super excited to hear that her EB-2 (NIW) petition was approved by the USCIS, the firm would like to provide more insights into this case.

Procedural history:

On July 7, 2023, the firm filed this original EB-2 (NIW) brief (USCIS confirmed receipt on July 10, 2023). The original brief was expedited using the premium processing option (USCIS charges a separate fee to adjudicate a case within 45 days). The quick adjudication has no bearing on the outcome of the case, so think twice before making that expensive decision. Have this discussion with your attorney.

On July 18, 2023, USCIS made a request for additional evidence (RFE). Ouch! The 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 September 15, 2023, the firm responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).

On September 25, 2023, we received the approval notice at our office (USCIS actually mailed the notice on September 20, 2023). Though the case was approved last week, as a matter of law, the client’s priority date is July 11, 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 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 Business Analytics, has a solid experience in using analytical and machine learning techniques to solve complex business problems. The legal brief specifically focuses on her unique skills and accomplishments in the fields of business analytics, accounting and financial analytics.

Inter alia, documenting her progressive accomplishments, which she 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 her proposed endeavor will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: enabling businesses to be more competitive and innovative, as well as enabling stakeholders to make better decisions, manage risk.

With her verifiable track record of successfully executing complex projects, our client is well positioned to advance the proposed endeavor, the brief argues. At the time of filing, our client had completed various projects such as sentiment analysis of Yelp reviews, data analysis in python, and data modeling of stock market prediction. Our client — who belongs to reputable professional groups in accounting, financial and business analytics — has a strong history of developing financial models and forecasts to support financial reporting, business planning and decision-making, 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 a very impressive cerebral ability and possesses strong critical and analytical thinking skills — is the kind of talent that will advance the national interest of the United States. Based on our understanding of the client’s work, the brief focuses on our client’s prospective contribution to modern issues and practices relating to small and large businesses in the digital and analytics-driven economy. The brief argues that the development and application of advanced analytical and machine learning techniques in business and financial analytics have a direct and profound impact on the national economy. The brief further argues, among other things, that by harnessing the power of data, our client’s proposed endeavor will potentially help American businesses identify untapped market opportunities, optimize resource allocation, and improve operational efficiency.

Additionally, the carefully written 25-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 her field. To support this brief, the firm submits 63 exhibits. The firm submits verifiable evidence to show that our client has a stellar academic track record and professional expertise in the fields of business analytics and financial analytics.

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) 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 establishes that she 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).

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. The client’s proposed endeavor broadly impacts a matter that the Biden administration has described as having national importance or/and is the subject of national agenda: delivering businesses the support and resources they need to thrive, expanding digital access to offer technology to promote and scale the capacities of small and large businesses in the United States and supporting small and large businesses to grow the economy. Evidently, the RFE brief argues, inter alia, that her proposed endeavor is altruistic in nature, as it will help the United States to promote and scale the capacities of small and large businesses in the United States and support small and large businesses to grow the economy. These assertions were evidently corroborated by both independent experts and evidence showing her 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 her 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 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 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 her 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: 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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