Blog Post

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented two clients — a forward-thinking computer scientist and innovative DataOps engineer, who has demonstrated a profound understanding of both the theoretical and practical aspects of data engineering; and the other client is an award-winning entrepreneurial and innovative leader (serving as the Program Chair of Entrepreneurship at a U.S. college), and whose achievements and contributions in the fields of science, technology, entrepreneurship, and education are truly exceptional — who were super excited to hear that their EB-2 (NIW) petitions were approved by the USCIS

At the time of filing, one of the client’s highest level of education was a Master of Science degree in Engineering, Science and Technology Entrepreneurship, while the other client had a Master of Science degree in Computer Science (with merit). Both clients received their advanced degrees from well-known universities in the United Kingdom and United States.

Having shared the life-changing news with our clients, the firm would like to provide more insights into these cases.

Both cases were filed using 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 client 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, as applicable to one of the clients here. Clients who are domiciled abroad, as applicable to one of the clients here, will go through the consular processing.

For the first client in the field of data engineering, our 33-page brief argued, inter alia, that his proposed endeavor — contributing to the advancements in the field of data engineering by harnessing the transformative power of big data infrastructure and artificial intelligence, as well as integrating cloud platforms, to benefit three sectors: healthcare, urban planning and environmental management — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: fostering technological advancement and economic security of the U.S, advancing the U.S’ standing as a global leader in technological innovation and every other facet of governance. The brief provided supporting documentation to show that our client was a key figure in spearheading multiple Big Data Deployment projects. In fact, past collaborators and industry leaders affirmed his exceptional proficiency with AWS, Terraform, Apache Spark, and Kubernetes, among other tools.

For the second client in the field of entrepreneurialism and innovation, our 31-page brief argued, inter alia, that her proposed endeavor — contributing to the advancements of entrepreneurship and innovation by developing a scalable strategic framework for the launch and expansion of high-growth startups in the areas of food technology, renewable energy, and medical technologies — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: enhancing technological innovation, and addressing critical challenges in sustainability, energy independence, and healthcare. An award-winning entrepreneur, the brief submitted evidence showing that she has played a pertinent role in creating the curriculum for entrepreneurship and innovation at a large American college. Top professors and industry leaders talked about her remarkable accomplishments, which are indicative of her future success, 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. Together, we submitted 143 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 their derivative 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

#eb2niw #immigrationlawyer #immigrationattorney

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

***ATTORNEY ADVERTISING***