Need Help? 734-318-7053

Blog Post

LATEST WIN FOR MY CLIENT!


Cover Image

LATEST WIN FOR MY CLIENT!

 

Congratulations to My Client: a Successful EB-2 National Interest Waiver (NIW) Brief

 

Some minutes ago, I shared this life-changing news with my client — a physician-scientist — and he was super excited to hear that his EB-2 (NIW) petition was approved by the U.S. Citizenship and Immigration Services (USCIS). The Notice of Action was delivered today, March 20, 2023.

 

This case, which I filed on March 8, 2023, was expedited using the premium processing option (USCIS charges a separate fee to adjudicate a case within 45 days).

 

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.

 

To support this brief, I submitted 128 exhibits.

 

My client, whose highest level of education at the time of filing was a Bachelor of Medicine, Bachelor of Surgery (M.B.B.Ch.), performed his research in a resource-poor setting, so he understands equitable allocation of donor hearts, which is a national priority in the United States. As a matter of law, there are different routes for physicians and physician-scientists. Being a physician, by itself, will likely not survive the analytical framework of the Matter of Dhanasar. In this case, my client is both a physician and scientist (think of Dr. Anthony Fauci, which I actually cited in my brief).

 

Because my client is a clinical translational scientist/researcher, my brief reinforces the national importance of bench-to-bedside research, which usually involves translating‌ laboratory findings into the care of patients. Because my client work is at the interface of science and health, my brief argued that “substantial merit” and “national importance” should be viewed through the lens of public health impact.

 

Documenting his academic, professional and research achievements, which he accumulated in Africa and other continents, among other things, and connecting that to the national interest of the United States: equitable allocation of donor hearts and advancing solutions to atrial fibrillation. My brief focused on how his proposed endeavor — conducting research in the field of clinical translational sciences, with a specific focus on the genetic basis of atrial fibrillation and equitable allocation of donor hearts — will contribute positively to the societal welfare of the United States.

 

As a matter of fact, there was no RFE request, for the first legal brief survived all the three elements of the Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Among other cases and relevant sections of Immigration and Nationality Act cited, to support the brief, I emphasized the key standard of review in the Matter of Chawathe, 25 I& N Dec. 369, 375-76 (AAO 2010).

 

My client can now focus on advancing public health in the United States. This is a big win for my client and his family members (derivative beneficiaries): that is the American dream.

 

Again, congratulations to my client!

 

The firm 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

 

***For informational purposes only. Past success does not indicate the likelihood of success in any future legal representation***

 

***Attorney advertising***