Blog Post

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented a client in the field of robotic surgery. U.S. Citizenship and Immigration Services (USCIS) delivered the Approval Notice to the firm’s address yesterday.

Having shared this life-changing news with our client — a brilliant physician-scientist, whose novel work is in the cutting-edge area of robotic surgery and the integration of advanced surgical techniques with broader public health strategies — who was super excited to hear that his EB-2 (NIW) petition was approved by the USCIS, the firm would like to provide more insights into this case.

This case, which we filed on March 6, 2024 (USCIS approved it on March 13, 2024) was filed using the premium processing option (USCIS charges a separate fee to adjudicate a case within 45 days). The quick adjudication has no bearing on the outcome of the case, 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 client who is in the U.S., as in the case at hand, his Green Card will be processed in the U.S. via the Adjustment of Status filing.

Our client — whose highest degree at the time of filing was a Doctor of Medicine degree from a premier medical school in Ethiopia, which was evaluated by a third-party credential evaluation body as equivalent to an advanced degree in the United States — is currently pursuing a Master of Public Health degree at a tier-one American university. So far, our client has been recognized for his academic achievements and leadership potential as a merit scholarship recipient and clinical awardee. His pioneering work in robotic surgery offers transformative potentials for the American healthcare system. By integrating advanced minimally invasive surgery into public health frameworks, our client's work aligns with national goals of reducing health disparities and promoting healthcare quality, the brief argued.

Inter alia, documenting his progressive accomplishments, which he accumulated in different countries, and connecting that to the national interest of the United States, the brief survived all the three prongs. The firm submitted evidence to how that our client's work is crucial in advancing surgical techniques, improving patient outcomes, and addressing health disparities.

The brief argued, inter alia, that his proposed endeavor — contributing to the advancements in the area of robotic surgery, with a specific focus on the intersection of cutting-edge surgical techniques and its equitable distribution, particularly in underserved communities, and integrating the advanced surgical techniques with broader public health strategies — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance. The significance of our client's research extends far beyond conventional boundaries. The firm provided evidence, including manuscripts and research articles, to show that his past achievements and current endeavors suggest a trajectory of significant and ongoing contributions to healthcare in the U.S.

The field of minimally invasive and robotic surgery and its integration with public health is challenging yet crucial. Our client’s work places him as a significant contributor to medical innovation. His expertise and achievements indicate his potential for continued impactful contributions, as corroborated by distinguished experts with first-hand knowledge of his contributions.

In drafting this brief, the firm had multiple touchpoints with the client. Understanding what the client does is very critical to filing an NIW brief. Moreover, by providing verifiable evidence, the brief argued that the client — who is working on noteworthy contributions to public health and medicine — is the kind of talent that will advance the national interest of the United States. Based on our understanding of the client’s work, the brief focused on this key area — robotic surgery and health disparities. Leveraging verifiable evidence, including meritorious awards/scholarships, professional accomplishments, research output, testimonial letters, contributions to the body of knowledge, record of success in related or similar efforts, the brief explained that our client’s past and current accomplishments merit a national interest waiver.

Furthermore, our client's proposed endeavor, which is within the field of robotic surgery, is at the interface of health, science, and technology; therefore, his proposed endeavor should be viewed through the lens of advancing medical technology and public health in the U.S.

Additionally, the carefully written 33-page brief 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 in the case at hand, the firm submitted verifiable evidence showing that our client possesses an impressive record of success in his field of specialty. To support this brief, the firm submitted 69 exhibits.

As a matter of fact, there was no RFE request, for the 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) that 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 satisfied 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 brief argued, inter alia, that his contributions to the field 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 client’s qualifications or proposed endeavor, it would be impractical either for our client to secure a job offer or for him 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 client’s contributions; and (3) whether the national interest in our client’s 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/final action date to kick in, our client will continue his work in the areas implicated in the proposed endeavor. This is a big win for the amazing Team at the firm. Most importantly, this is a big win for our client: a step closer to the American dream.

Again, congratulations to our client!

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

#eb2niw #immigrationlawyer #immigrationattorney

***FOR INFORMATIONAL PURPOSES ONLY. PAST SUCCESS DOES NOT INDICATE THE LIKELIHOOD OF SUCCESS IN ANY FUTURE LEGAL REPRESENTATION***

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