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MULTIPLE VICTORIES FOR OUR CLIENTS!

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented two clients — an ambitious researcher and chemical scientist (First Class Honors) who has contributed to the advancement of small molecule synthetic, peptide, and oligonucleotide therapeutics (oligonucleotide therapies offer a powerful tool in the field of medicine); and the other client is a highly skilled (forward-looking) professional with expertise in HR analytics and generative artificial intelligence. Apart from being a First Class Honors graduate, he was a recipient of the prestigious MasterCard Foundation Scholars Program Award and a two-time recipient of the Mastercard Foundation’s Scholars Entrepreneurship Fund award.

At the time of filing, one of the clients had two Master of Science degrees in Data Analytics and Chemistry, while the other client had a Master of Global Management (with a concentration in Global Business). Both clients received their advanced degrees from prestigious universities in the United States of America.

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 August 15, 2023 (USCIS confirmed receipt on August 17, 2023, while the other case was filed on February 2, 2024 (USCIS confirmed receipt on February 5, 2024. 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., once the priority/final action date kicks in, their Green Cards will be processed in the U.S. via the Adjustment of Status filing. Clients who are domiciled abroad, as applicable here, will go through the consular processing.

For the first client in the field of chemistry, our 32-page brief argued, inter alia, that his proposed endeavor — conducting and advancing research in the field of chemistry, focusing on the development of analytical methods for the purification of potential drug candidates that will cure multiple diseases such as cardiovascular diseases, weight-loss drugs, alzheimer, cancer, among others — will lead to projected future contributions by solving problems that the United States has deemed to be of both substantial merit and national importance: to develop new therapies and drugs that will tackle multiple diseases like cancer, cardiovascular diseases and alzheimer, as well as potentially foster overall wellbeing of the United States by supporting the emergence of drug candidates through purification, synthesis and analytical testing of drug substances. In this case, we submitted evidence to show that our client’s publications have been supported by supported by the National Institutes of Health and the National Institute of General Medical Sciences of the National Institutes of Health. His pharmaceutical research work is crucial to the national interest as it provides essential medications, treatments, and interventions for diseases and conditions, the brief argued.

For the second client in the field of HR technology and analytics, our 35-page brief argued, inter alia, that his proposed endeavor — contributing to the advancements in the field of human resource (HR) technology and analytics, with a specific purpose on creating and deploying a platform that will provide integrated solutions that include several HR components, including artificial intelligence and chatbots, and performance management systems — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: enhancing workforce efficiency, promoting talent acquisition, improving data-driven insights and fostering economic growth through cutting-edge technologies like artificial intelligence and chatbot-driven performance management systems. Our client — who earned Certified Generative Artificial Intelligence (AI), and Blockchain Expert certifications from the prestigious Blockchain Council — has always distinguished himself from his peers, acquiring future-focused skills, while also specifically working on the all-important HR technology and proposing innovative ways to integrate emerging technologies into HR, the brief argued.

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 140 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 and 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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