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 on Friday.

Having shared this life-changing news with our happy client — a highly accomplished scientist who has produced extraordinary contributions to the field of pharmaceutical research — the firm would like to provide more insights into this case.

This case, which the firm filed on July 17, 2023 (USCIS confirmed receipt on July 28, 2023), took more than a year to adjudicate. Still, our client retains a priority date of July 2023; even though his case was just approved, he has priority over those who got their cases approved after July 2023. However, prospective clients may choose premium processing, which takes less than 45 days to adjudicate. Premium processing 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.

The firm provided verifiable evidence showing that our client — whose highest level of education at the time of filing was a Doctor of Philosophy in Pharmaceutical Sciences and Pharmacy Administration from an American university — has contributed meaningfully to a nationwide initiative called the Healthcare Effectiveness Data and Information Set (HEDIS), focusing on conducting research involving adherence to metabolic monitoring for children on antipsychotic drugs. Our client also explored the concerning rise in the prescription of antipsychotic medication for children and adolescents and the need for adequate metabolic screening prior to issuing a prescription to ensure that children who are predisposed to diabetes and lipid disorders are not exposed to drugs that can harm their metabolic health even beyond adulthood.

Our client’s trailblazing research has impacted other researchers’ approach to drug development and early phase toxicity testing, the brief showed. In fact, the firm provided verifiable evidence showing his endeavor is important for improving patient outcomes and healthcare quality, enhancing medication safety, promoting cost-effective medication use, facilitating collaboration between healthcare providers, and informing stakeholders, particularly policymakers who are crafting regulations and standards. The scourge of increased opioid prescriptions coupled with the high addictive nature of the medication presents a challenge for the health care system in the United States. Our brief showed that our client’s proven ability to contribute to research for ameliorating the problem of opioid use in the United States will potentially translate into substantive benefits for the American people.

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. In fact, we provided evidence showing that our client's research explored patient-centered outcomes in rheumatoid arthritis, specifically identifying the most important treatment goals for patients who suffer from the disease to assist physicians and practitioners in understanding what patients want from their treatment, which seeks to improve the quality of life for millions of older Americans suffering from rheumatoid arthritis.

The brief argued, inter alia, that his proposed endeavor — conducting research in the fields of pharmaceutical sciences and clinical pharmacy administration, with a specific focus on developing a scalable framework for drug utilization review and drug use evaluation to improve patients’ health outcomes in serious medical conditions such as rheumatoid arthritis, cancer and drug addiction/overdoses — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: foster patients’ health outcomes and mitigate drug addictions/overdoses, which will potentially save American lives and improve the quality of life for many others.

With his other verifiable track record, 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 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 manages health economics outcomes research at a global biotechnology company that develops and commercializes transformative cancer therapies — is the kind of talent that will advance the national interest of the United States. The brief provided corroborating evidence to show that our client has developed cancer patient reported outcomes strategy to inform ongoing clinical trials in various oncology tumor therapeutic areas (lung cancer, ovarian cancer, endometrial cancer, multiple myeloma); and that he has led the development of observational research studies eliciting burden of illness in different cancer subtypes using real world evidence. Based on our understanding of the client’s work, the brief focused on these key areas — optimizing medication use and preventing adverse drug events. Leveraging verifiable evidence, the brief explained that our client’s past and current accomplishments, which are clearly indicative of his future contributions. The brief also showed that our client has maintained a relentless commitment to improving the collective health outcomes for vulnerable populations in the United States.

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 73 exhibits, including evidence of publications, conference proceedings, awards and others.

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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