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 yesterday.

Having shared this life-changing news with our client — an exceptionally bright individual who displays a sincere passion for data science and analytics and whose expertise in the field of data science and business analytics would make meaningful contribution to the progress and utilization of cutting-edge technologies within the business realm in the United States — 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 the firm filed on May 10, 2024 (USCIS confirmed receipt on May 13, 2024), was expedited 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 level of education at the time of filing was a Master of Science in Applied Statistics (with a near 4.0 CGPA) from a top American public university — is an outstanding professional with a passion for solving complex problems leveraging emerging technologies. This specialized training armed him with advanced technical skills in linear and integer programming and regression analysis, which are crucial to emerging technologies, the brief argued. In fact, the firm provided verifiable evidence showing his outstanding academic achievements, citing, inter alia, evidence of his First Class Honours (Summa cum Laude) in actuarial science. In drafting the legal brief, we specifically focused on his demonstrable unique skills and accomplishments in applied statistics, mathematical optimization, data mining and analytics.

Inter alia, documenting his progressive accomplishments, which he accumulated in Africa and America, and connecting that to the national interest of the United States, the brief survived all the three prongs. Our client’s pre-requisite knowledge of advanced statistics, which machine learning, a subset of artificial intelligence, predictive modelling and data analytics rely on, positions him to advance the proposed endeavor, which will potentially play an integral role in solving problems across multiple domains, the brief argued.

The brief further argued, inter alia, that his proposed endeavor — contributing to the advancements and applications of emerging technologies in multiple domains, including the development of predictive analytics models and cybersecurity frameworks for American businesses — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: leveraging emerging technologies, such as artificial intelligence and machine learning, to address critical challenges in multiple domains.

With his other verifiable track record of successfully executing (and currently involved in) developing and employing data analytics for the betterment of business and industry here in the U.S., as corroborated by distinguished professors and industry leaders with first-hand knowledge of his contributions, our client is well positioned to advance the proposed endeavor, the brief argued. In his current role at a quasi-governmental institution, he is working, alongside others, to boost job creation and economic development throughout a key state in the U.S.

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 — whose blend of analytical prowess, creativity, and unwavering dedication renders him a coveted asset for any organization and the nation as a whole — 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 — emerging technologies. Leveraging verifiable evidence, the brief explained that our client’s past and current accomplishments, which implicate multiple domains, are clearly indicative of his future contributions. Showing evidence of his past work for a national government agency, the brief also argued that our client has maintained a relentless commitment to spearhead innovative solutions and conduct comprehensive studies in various sectors, utilizing advanced data analytics, machine learning algorithms, and artificial intelligence (AI) integration.

Furthermore, our client's proposed endeavor, which is within the field of applied statistics, is at the interface of science, business and technology; therefore, his proposed endeavor should be viewed through the lens of contributing to the advancements of technological innovations and development, as well as strengthening the resilience of businesses across United States, the brief argued. The brief highlighted the implications of his proposed endeavor, which will, among other things, potentially leverage predictive modeling to uncover valuable insights from large datasets, aiding American businesses to make proactive and data-driven decisions.

Additionally, the carefully written 40-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 87 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

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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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