Blog Post

Monday, August 5, 2024

TRIPLE WINS FOR OUR CLIENTS!!!!!!!

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented three clients in the above-cited fields.

The first client — a young and ambitious mechanical engineer — has collaborated on federally funded research, and his work is at the intersection of safety and security technologies of Unmanned Aircraft Systems. At the time of filing, the client’s highest level of education was a Master of Science in Mechanical Engineering. Previously, the client got a Bachelor of Science in Mechanical Engineering with First Class Honors (Summa Cum Laude).

The second client — a smart and multiple award-winning biomedical engineer — is a recipient of the prestigious MasterCard Foundation Scholars Program Award. At the time of filing, the client’s highest level of education was a Master of Science in Biomedical Engineering. Previously, the client got a Bachelor of Science in Biomedical Engineering with First Class Honors (Summa Cum Laude).

The third client — a brilliant and forward-looking cybersecurity researcher —  has led multiple cybersecurity projects for leading organizations in different sectors, including at a global entertainment giant.  At the time of filing, the client’s highest level of education was a Ph.D. in Computer Science (Concentration in Cybersecurity and Information Assurance). Previously, the client got a Master of Science in Cybersecurity.

Having shared the life-changing news with our clients who were super excited to hear that their EB-2 (NIW) petitions were approved by the USCIS, the firm would like to provide more insights into these cases.

The first case was filed on October 7, 2023 (USCIS confirmed receipt on October 10, 2023; the case was approved on July 30, 2024); the second case was filed on May 29, 2024 (USCIS confirmed receipt on May 31, 2024; the case was approved on July 26, 2024); and the third case was filed on June 11, 2024 (USCIS confirmed receipt on June 26, 2024; the case approved on July 30, 2024). The first case was filed through regular processing, while the remaining two were filed through premium processing. While a premium processing takes 45 days to adjudicate, 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. For clients who are domiciled abroad, they will go through the consular processing.

For the first client, our 34-page brief argued, inter alia, that his proposed endeavor — conducting and advancing research in the field of mechanical engineering, with a specific focus on establishing a comprehensive framework for evaluating the safety and security technologies of Unmanned Aircraft Systems (UAS) in the National Airspace System — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: mitigating safety, privacy and security risks, advancing research in the use of UAS for multiple purposes, safe integration of UAS into the National Airspace System, as well as curbing the malicious use of Unmanned Aircraft Systems for criminal activities.

Throughout our client's career, he has made significant contributions to UAS research and development. As a Research Scientist at a prominent research institute, he has been involved in various projects, demonstrating his expertise in aerodynamics, computational fluid dynamics, and drone systems analysis. His research has focused on the performance assessment of counter-UAS technologies, integration of UAS into the NAS, and the development of 3D mapping technologies for Arctic research. His contributions to the field have been remarkable. He has developed software for analyzing and visualizing flight test data associated with counter-UAS technologies, enabling effective evaluation of safety and security systems. His collaborative efforts with other universities on the Defense Resiliency Platform Against Extreme Cold Weather project demonstrate his ability to work in multidisciplinary teams and address critical national security challenges, the brief argued.

For the second client, our 39-page brief argued, inter alia, that her proposed endeavor — contributing to the advancements in the field of biomedical and software engineering, with a specific focus on leveraging artificial intelligence and algorithms tools to drive advancements in diagnostic medical devices used for testing, diagnosing, and monitoring diseases and infections — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: drive advancements in diagnostic medical devices used for testing, diagnosing, and monitoring diseases and infections, to achieve quality healthcare delivery and improved patient outcomes in the United States.

Through her work at an American multinational medical devices company and other esteemed institutions, our client has significantly enhanced scientific and technical advancements in the United States. Her contributions to developing software tools for automated high-throughput instruments used in research centers and clinics have directly contributed to improving the quality of healthcare delivery and early disease detection in the country, the brief argued. Notably, the brief provided verifiable evidence to support her multiple industry and academic awards, underscoring her exceptional achievements and contributions to the diagnostic medical device field. Her expertise and excellence in Systems and Software Engineering will allow her to lead and guide development teams in best practices for developing Al technology while also understanding the impact of the decisions being made by Al, the brief concluded.

For the third client, our 33-page brief argued, inter alia, that his proposed endeavor — conducting and advancing research in the field of cybersecurity, with a specific focus on conducting an in-depth research into how time exerts its influence on security timelines, and developing evidence-based strategies for cybersecurity incident response practices — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: enhancing national security and resilience against cyber threats, promoting technological advancements and innovation in the area of cybersecurity.

A Certified Ethical Hacker, our client's current pursuit in the field of cybersecurity is of paramount importance and holds significant benefit to the U.S. national interest. In an era where digital threats are continually evolving, his expertise (over 7 years of hands-on cybersecurity experience with focus on incident response and threat intelligence) in safeguarding critical infrastructure and sensitive information is crucial. Our client's work is distinguished by his ability to translate complex cybersecurity concepts into practical solutions that deliver measurable results. His rare combination of technical expertise, strategic vision, and leadership skills sets him apart from his peers. The rarity of individuals with his abilities and accomplishments cannot be overstated. Cybersecurity is a field that demands a unique blend of technical knowledge, analytical skills, and foresight. Our client excels in all these areas, making his contributions not only significant but also essential for maintaining national security and protecting critical infrastructure, 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. To support all three briefs, the firm submitted 247 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 research 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***

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