Two EB-2 NIW Cases Approved: One in the Field of Mechanical Engineering, the Other in the Field of Public Health
Monday, January 22, 2024
MULTIPLE VICTORIES FOR OUR CLIENTS!
TWO EB-2 NIW CASES APPROVED: ONE IN THE FIELD OF MECHANICAL ENGINEERING, THE OTHER IN THE FIELD OF PUBLIC HEALTH
The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented two clients — a smart and ambitious manufacturing engineer; and the other client is a brilliant epidemiologist and researcher — 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 Mechanical Engineering, while the other client had a Doctor of Philosophy degree in 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 January 8, 2023 (USCIS confirmed receipt on January 10, 2024), while the other case was filed on October 4, 2023 (USCIS confirmed receipt on October 9, 2023). [OD1] 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 one of the clients who is in the U.S., his Green Cards will be processed in the U.S. via the Adjustment of Status filing. The other client will go through consular processing.
For the first client in the field of mechanical engineering, our 28-page brief argued, inter alia, that his proposed endeavor — contributing to the advancements in the fields of materials science and mechanical engineering, with a specific focus on sustainable manufacturing by leveraging novel programmable logic controller technologies, and optimizing and automating production techniques to increase scalability, reduce waste and manufacturing costs — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: tackling climate crisis, promoting environmental sustainability, lowering manufacturing cost, enhancing resource efficiency and fostering solar manufacturing.
For the second client in the field of public health, our 34-page brief argued, inter alia, that her proposed endeavor — advancing and conducting research in the field of epidemiology, a branch of public health, with a specific focus on writing, development, implementation, and application of epidemiological findings for the surveillance of vaccine-preventable diseases — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: control the spread of diseases and prevent future outbreaks.
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 both clients, for their legal briefs survives 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 endeavor has both substantial merit and national importance; (2) that they are well positioned to advance their 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 briefs 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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***FOR INFORMATIONAL PURPOSES ONLY. PAST SUCCESS DOES NOT INDICATE THE LIKELIHOOD OF SUCCESS IN ANY FUTURE LEGAL REPRESENTATION***
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