Blog Post

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented a client in the above-cited field. The 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 digital transformation leader and a leading expert in FinTech — 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.

Through regular processing, the case was filed on December 11, 2023. USCIS confirmed receipt on December 13, 2023. Prospective clients can opt for premium processing, which takes 45 days to adjudicate.

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 lives outside the U.S., as in the case at hand, his Green Card will be processed via consular processing.

Our client — whose highest level of education at the time of filing was a Doctor of Business Administration — is a top industry leader in his home country. In fact, the firm provided verifiable evidence showing that he has been responsible for implementing, enabling, maintaining, securing, and entrenching the digital platforms and functionality at top financial institutions. In drafting the legal brief, we specifically focused on his demonstrable unique skills and accomplishments in the field of financial technology. His unique combination of academic rigor and practical industry insights have enriched the FinTech landscape and inspired the next generation of digital innovators. Considering the increasing importance of the FinTech sector in driving the US economy, our client’s extensive knowledge and experience would undoubtedly be an invaluable asset. His expertise in leading digital transformation initiatives and his strong track record in FinTech align perfectly with the technological advancements that continue to propel the US FinTech sector forward, our brief argued.

Inter alia, documenting his progressive accomplishments, and connecting that to the national interest of the United States, the brief survived all the three prongs.

The brief argued, inter alia, that his proposed endeavor — contributing to the advancements of business administration, digital innovation and financial technology by developing a scalable framework that integrates financial inclusion and equality into digital payment platforms within the United States — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: improving digital payment infrastructure, advancing financial inclusion and contributing to America’s competitiveness.

With his other verifiable track record of successfully executing (and currently involved in) financial product innovation, as corroborated by distinguished industry leaders with first-hand knowledge of his 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 — who has demonstrated exceptional skills in scaling products, improving user experiences, and growing transaction velocity — 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 — the integration of financial inclusion and equality into digital payment platforms. Leveraging verifiable evidence, the brief explained that our client’s past and current accomplishments, which have earned him recognition among his peers and other stakeholders in the industry, are clearly indicative of his future contributions. The brief also showed that our client has maintained a relentless commitment to the advancement of digital financial services.

Furthermore, our client's proposed endeavor, which is within the areas of business administration, digital innovation, financial inclusion and financial technology, is at the interface of technology, business, entrepreneurialism.; therefore, his proposed endeavor should be viewed through the lens of advancing financial inclusion in the United States, the brief argued. The brief further argued, among other things, that his proposed endeavor will serve the best interest of the United States, which is prioritizing financial inclusion and equality within the FinTech space. The brief highlighted the implications of his proposed endeavor, which will, among other things, translate research into practice, especially in the realm of financial digital product development.

Additionally, the carefully written 25-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 62 exhibits, including evidence showing his high-level roles at a major financial institution in his home country.

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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