Blog Post

MULTIPLE VICTORIES FOR OUR CLIENTS!

Client No. 1: EB-2 (NIW) Approved for a Client in the Field of Computer/Software Engineering.

Client No. 2: EB-2 (NIW) Approved for a Client in the Field of Health Education.

Client No. 3: Employment Authorization Document (EAD) Approved for a Client With a Pending Application for Adjustment of Status, Arising Out of an Approved EB-2 (NIW) Petition.

Client No. 4: EAD Approved for a Derivative Beneficiary With a Pending Application for Adjustment of Status, Arising Out of an Approved EB-2 (NIW) Petition.

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented two clients — whose rich educational background is in the areas of computer and software engineering, with a sterling professional history of working for global organizations, helping businesses to modernize and optimize their systems, as well as improving their business processes and systems; and the other client is an assistant professor of public health, who is currently conducting research on substance use, tobacco smoke exposure, obesity prevention, and community health (in fact, she previously contributed significantly to a NIH-funded research project).

At the time of filing, one of the client’s highest level of education was a Master of Science degree in Software Engineering, while the other client had a Doctor of Philosophy degree in Health Education. Our clients received their advanced degrees from prestigious universities in the United Kingdom and the United States of America, respectively.

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 15, 2024 (USCIS confirmed receipt on January 16, 2024), while the other case was filed on August 21, 2023 (USCIS confirmed receipt on August 23, 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. Under our current immigration law, the client with the earliest filing date (August 2023) is prioritized (i.e., first in line for the adjustment of status filing – the final stage of the Green Card process) over the client with the latest filing date (January 2023), even though the latter case was approved first.

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 our clients who is in the U.S., once the priority/final action date kicks in, her Green Card will be processed in the U.S. via the Adjustment of Status filing. The other client, who is domiciled abroad, will go through the consular processing.

For the first client in the field of computer and software engineering, our 32-page brief argued, inter alia, that his proposed endeavor — contributing to the advancements in the field of software engineering, a branch of computer science, by specifically focusing on innovating and unlocking the transformative power platform and enterprise applications to enhance organizational agility, efficiency and competitiveness, as well as digital transformation — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: fostering technological progress and bolstering the nation’s global standing in the ever-evolving landscape of innovation and technology. The brief argued that our client’s proposed endeavor will, among other things, bolster the nation's position in the global landscape of technology and digital transformation. One of our client's notable strengths, as corroborated by industry leaders (including one from a leading firm, Accenture Federal Services, and another one from a Japanese multinational IT firm, NTT DATA Corporation,) lies in his unparalleled level of expertise and innovation, specifically in implementing intricate business requirements to enhance the functionalities of enterprise applications. These thought leaders evidently corroborated our client's extraordinary skill set and innovative problem-solving capabilities. By the preponderance of the evidence, his work will potentially advance the U.S. national and economic security.

For the second client in the field of health education, our 35-page brief argued, inter alia, that her proposed endeavor — conducting research in the specialized field of health education, with a specific focus on advancing research and providing novel community involvement and targeted intervention in the areas of substance use, tobacco smoke exposure, obesity prevention, and community health — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: increase the visibility and understanding of health issues and empowering communities involvement and targeted interventions in health-related matters, including substance use, tobacco smoke exposure, obesity prevention, and community health in the United States. Our brief argued that our client, who has a strong history of research collaborations with distinguished researchers, will continue to be an important player in the fields of public health and health education for the foreseeable future. The brief further argued that her research interest in preventing tobacco use behavior is crucial in reducing the nation’s overall smoking rates and can also play an important role in minimizing the burden of smoking-attributable diseases and deaths among smokers and nonsmokers, as evidently corroborated by distinguished professors of practice. With a perfect grade point average of 4.0 on a 4-point scale, our client has the intellectual capacity to undertake the proposed endeavor. The brief further argued that our client is thoroughly committed towards helping adolescents, young adults, and underserved populations to adopt healthy behaviors, and the brief provided verifiable evidence showing that our client's research is also supported by the National Institute on Drug Abuse and the National Institute of Environmental Health Sciences.

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. For both briefs, the firm submitted over 177 exhibits.

As a matter of fact, there was no RFE request, for their legal briefs survived 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 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 argued, inter alia, that their contributions to the 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 focused on three of the factors enumerated by the Dhanasar Court: (1) whether, in light of the nature of our clients’ qualifications or proposed endeavors, 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 work in the areas implicated in their 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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