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 earlier today.

Having shared this life-changing news with our super-excited client — a young, smart, and forward-looking researcher and electrical engineer who specializes in signal integrity — the firm would like to provide more insights into this case.

Ther case, which the firm filed on May 3, 2024 (USCIS confirmed receipt on May 6), 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. For the regular processing option, the adjudication takes 3-9 months.

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 degree in Electronic Engineering from a top-tier university — has conducted pioneering research on the effects of intentional electromagnetic interference on Li-ion batteries, studied insights into protective strategies against high-frequency attacks and created predictive models for passive intermodulation that affects satellite and cellular communications. In fact, the firm provided verifiable evidence showing her work at a renowned nationally recognized laboratory. In drafting the legal brief, we specifically focused on her demonstrable unique skills and accomplishments in the specific area of signal/power integrity.

Inter alia, documenting her progressive accomplishments, which she accumulated in three different continents, 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 electronic engineering (signal and power integrity), focusing specifically on leveraging cutting-edge tools, including machine learning, to enhance the design and optimization of printed circuit board layouts and channel characterization, a critical aspect of high-speed electronic system performance — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: improving the efficiency, reliability, and security of electronic systems vital to national defense, communication infrastructure, and technological innovation.

With her other verifiable track record of developing a static current-voltage model-based evaluation for Passive Intermodulation (PIM), a novel approach validated through extensive measurements (and essential for enhancing the performance of high-speed digital systems in mobile devices), 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 — who has disseminated her work at scientific meetings, including the IEEE Symposium on Electromagnetic Compatibility & Signal/Power Integrity — 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 — signal integrity. Leveraging verifiable evidence, the brief explained that our client’s past and current accomplishments, which are crucial for advancing current standards in high-speed electronic communications and safety, are clearly indicative of her future contributions. The brief also showed that our client has maintained a relentless commitment to advance the U.S. leadership in technology and communication.

Furthermore, our client's proposed endeavor, which is within the field of electronic engineering (signal and power integrity), is at the interface of science and technology. Therefore, her proposed endeavor will serve the best interest of the United States by contributing to the advancements of technological innovations and development in the United States. The brief further argued, among other things, that her proposed endeavor will positively impact the telecommunications industry. Her expertise in cutting-edge signal integrity and power integrity analysis is scarce and highly specialized, making her an invaluable asset in projects that require immediate and high-level competency. In fact, we provided evidence showing that she is currently working for a globally recognized organization in her field of specialty.

Additionally, the carefully written 45-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 90 exhibits, including evidence showing that her research has been sponsored by the National Science Foundation.

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 she 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 she 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. Ther 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. Ther 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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