Blog Post

The Law Office of Akintunde F Adeyemo, PLLC has successfully represented two clients — an outstanding Ph.D. researcher in the fields of materials and chemical engineering; and the other client is a young and ambitious public health professional at a global firm in the United States — who are both involved in advancing the best interests of the United States.

At the time of filing, one of the client’s highest level of education was a Master of Science in Project Management, while the other client had a Master of Public Health.

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 July 18, 2023 (USCIS confirmed receipt on July 20, 2023), while the other case was filed on October 23, 2023 (USCIS confirmed receipt on October 25, 2023). One of the clients 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 petition, 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., as in the case at hand, their Green Cards will be processed in the U.S. via the Adjustment of Status filing.

For the first client in the field of materials and chemical engineering, our 32-page brief argues, inter alia, that his proposed endeavor — conducting research in the fields of chemical and materials engineering, focusing specifically on the design and development of novel high temperature materials for different applications in manufacturing and engineering project management — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: to solve global energy and climate challenges by mitigating the environmental impacts of energy use vis-à-vis industrial manufacturing of high temperature materials.

For the second client in the field of public health, our 33-page brief argues, inter alia, that her proposed endeavor — contributing to the advancement of health equity in public health by utilizing existing and novel frameworks and methodology from implementation science to improve the efficacy of healthcare interventions among racial and ethnic minorities in the United States — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: improving healthcare, reducing healthcare costs and disparities, fighting non-communicable diseases, advancing implementation science, and advancing an equitable healthcare system.

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 cited, as well as analyzed, 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 a matter of fact, there was no RFE request for the first client, for his legal brief survived 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 established that he 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).

However, there was an RFE request for the second client. On October 27, 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 December 18, 2023, the firm responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).

For the RFE brief, our legal strategy was to respectfully acknowledge the concerns raised in the RFE document. To cure the deficiencies, the brief highlighted, inter alia, the national imperative of the proposed endeavor. In the public health sector, the national importance of our client’s proposed endeavor lies in the fact that she will potentially adopt implementation science frameworks and healthcare delivery models that will reduce inequities and disparities that currently plague the healthcare sector in the United States. Consistent with her past and present achievements in similar endeavors of national importance — she currently works at a global firm that recognizes the issues of health disparities equitable healthcare access — the client’s proposed endeavor will potentially support the application of research findings and other evidence-based knowledge into policy and practice. Evidently, the RFE brief argues, inter alia, that her proposed endeavor is altruistic in nature, as it will potentially contribute to improving the efficacy of healthcare interventions among racial and ethnic minorities.

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 argued, 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 client’s 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: 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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***FOR INFORMATIONAL PURPOSES ONLY. PAST SUCCESS DOES NOT INDICATE THE LIKELIHOOD OF SUCCESS IN ANY FUTURE LEGAL REPRESENTATION***

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