Blog Post

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented a client from Africa. The U.S. Citizenship and Immigration Services (USCIS) delivered the Approval Notice to the firm’s address this morning.

Having shared this life-changing news with our client — a young and ambitious biologist and food scientist whose research implicates food waste management, fermentation, biofuels and microbial research — who was super excited to hear that her EB-2 (NIW) petition was approved by the USCIS, the firm would like to provide more insights into this case.

This case, which the firm filed on August 25, 2023 (USCIS confirmed receipt on August 28, 2023), was approved on April 17, 2024.

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, her Green Card will be processed in the U.S. via the Adjustment of Status filing.

Our client — whose highest level of education at the time of filing was a Master of Science in Food Science — has conducted research on dissolution and disintegration of solid dose formulations in order to address their bio-availability and effectiveness. In fact, the firm provided verifiable evidence showing her previous study was funded by the USDA’s Agriculture and Food Research Initiative, and aims to expand on current knowledge of food waste as a sustainable feedstock for bioproducts production through microbial fermentation. In drafting the legal brief, we specifically focused on her demonstrable unique skills and accomplishments in the field of biological science.

Inter alia, documenting her progressive accomplishments, which she accumulated in Africa and America, and connecting that to the national interest of the United States, the brief survived all the three prongs.

The brief argued, inter alia, that her proposed endeavor — conducting and advancing research in the field of biological science, with a specific focus on sustainable approaches to investigating how food waste can be used as bioproducts such as biofuels, bioactive compounds, and industrial enzymes — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: food waste reduction, environmental health, biofuel, and food insecurity.

With her other verifiable track record of successfully executing (and currently involved in) complex scientific research in the United States, as corroborated by distinguished professors and industry leaders with first-hand knowledge of her contributions, our client is well positioned to advance the proposed endeavor, the brief argued.

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 — investigate the collection methods of food waste and determine its potential as a renewable feedstock source for the value-added to the production of bioproducts through non-sterile fermentation — 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 — food waste fermentation and bioproducts. Leveraging verifiable evidence, the brief explained that our client’s past and current accomplishments, which are in the field of biological sciences, are clearly indicative of her future contributions. The brief also showed that our client has maintained a relentless commitment to determine the shelf life of food waste as a viable feedstock for fermentation.

Furthermore, our client's proposed endeavor, which is within the field of biological sciences, is at the interface of science, health, and technology; therefore, her proposed endeavor should be viewed through the lens of environmental impact, waste-to-value transformation, and sustainable development, the brief argued. The brief further argued, among other things, that her proposed endeavor will investigate how food waste can be used as bioproducts such as biofuels, bioactive compounds, and industrial enzymes. The brief highlighted the implications of her proposed endeavor, which will, among other things, lead to a sustainable collection of food waste and provide necessary knowledge for future food waste programs across the United States. With a perfect CGPA of 4.0 in her ongoing doctoral program, our client is that kind of talent that merits a national interest waiver, the brief argued.

Additionally, the carefully written 28-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 her field of specialty. To support this brief, the firm submitted 57 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 her 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 her 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 her 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 her 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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