TWO EB-2 NIW CASES APPROVED: ONE IN THE FIELD OF PUBLIC POLICY ADVOCACY, THE OTHER IN THE FIELD OF PLANT MOLECULAR BIOLOGY, PATHOLOGY AND SUSTAINABLE PLANT BREEDING!
Monday, November 13, 2023!
MULTIPLE VICTORIES FOR OUR CLIENTS!
The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented two clients — a prominent policy analyst and advocate who, among other things, is the driving force behind incubator programs that have birthed impressive public policy think tanks; the other client is a post-doctoral research fellow in molecular plant and microbial biosciences research.
At the time of filing, one of the client’s highest level of education was an Executive Master's degree, while the other client had a Doctor of Philosophy degree in Plant and Environmental Sciences.
Coincidentally, the U.S. Citizenship and Immigration Services (USCIS) delivered the Approval Notices to the firm’s address last Friday.
Having shared the life-changing news with our clients who were super excited to hear that their EB-2 (NIW) petitions were approved by the USCIS, the firm would like to provide more insights into these cases.
One of the cases was filed on October 26, 2023 (USCIS confirmed receipt on October 30, 2023), while the other case was filed on July 27, 2023, using the regular processing (USCIS confirmed receipt on July 31, 2023). The first client opted for the premium processing option (USCIS charges a separate fee to adjudicate a case within 45 days). A quick adjudication has no bearing on the outcome of an immigration, so think twice before making that expensive decision. Have this discussion with your attorney.
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., their (petitioner’s and derivative beneficiaries’) Green Cards will be processed in the U.S. via the Adjustment of Status filing. For our clients who are currently domiciled abroad, as in both cases here, they will go through consular processing.
For the first client in the field of public policy advocacy, our 40-page brief argues, inter alia, that his proposed endeavor — contributing to the advancement of public (domestic and foreign) policy advocacy through the creation and expansion of strategic think tank networks that are dedicated to the promotion of liberty and democracy, and American values — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: promoting and advancing core American values (including individualism, free market economy, and liberty, democracy and human rights) around the world, particularly in illiberal democracies, thereby advancing the key tenets of the U.S. foreign policy strategy.
For the second client in the field of plant molecular biology, pathology and sustainable plant breeding, our 31-page brief argues, inter alia, that his proposed endeavor — conducting and advancing research in the field of plant molecular biology, pathology and sustainable plant breeding, with a specific focus on plant genetic transformation, developing and utilizing novel molecular breeding and tissue culture techniques for improving biotic and abiotic stress resistance in plants — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: enhance the sustainable productivity and overall health of value crops that provide the United States with nutrient-based food and biofuels, investigate the molecular processes within plants, diagnose and treat plant diseases, as well as develop environmentally friendly methods to enhance plant traits for improved agricultural practices and sustainability, thereby addressing national and global challenges relating to quality crop production, food security, and environmental sustainability.
In drafting these briefs, the firm had multiple touchpoints with the clients. Understanding what the clients do is very critical to filing NIW briefs.
Additionally, our carefully written briefs 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. In both cases, the firm submits verifiable evidence showing that both clients are recipients of multiple awards. Both clients have published in reputable journals. In fact, one of the clients had more than 20 scholarly publications, with over 200 citations, and few more manuscripts that are in queue to be published.
As a matter of fact, there was no RFE request for both clients for their legal briefs survive all the three prongs of the analytical framework in the precedent decision Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016): (1) their proposed endeavors have both substantial merit and national importance; (2) that they are well positioned to advance the proposed endeavors; 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 established that they met 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 briefs argue, inter alia, that their contributions to their respective fields 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 clients’ qualifications or proposed endeavor, it would be impractical either for our clients to secure a job offer or for them 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 clients’ contributions; and (3) whether the national interest in our clients’ 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 clients will continue their research in the areas implicated in their respective proposed endeavors. This is a big win for the amazing Team at the firm. Most importantly, this is a big win for our clients and their family members (derivative beneficiaries): a step closer to the American dream.
Again, congratulations to our clients!
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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