LATEST EB-2 (NIW) WIN
THE LATEST WINNING BRIEF!
I had a very busy day yesterday, setting up my new chambers, so I did not check my mailbox until late last night. And I found the approval notice in the mail. As usual, I wanted to share the news with my client first. Overnight, I did.
Having shared this life-changing news with my client (a professional in the area of food and nutrition), who was super excited to hear that his EB-2 (NIW) petition was approved by the U.S. Citizenship and Immigration Services (USCIS), I would like to provide a quick insight into this case.
This case, which I filed on March 21, 2023 (USCIS confirmed receipt on the 24th), 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. For EB-2 (NIW), your location is irrelevant (the ultimate question is: can you satisfy the requirements under the Matter of Dhanasar, inter alia)?
To support this brief, I submitted 135 exhibits. For probative reasons, I actually excluded some exhibits.
My client — whose highest level of education at the time of filing was a Master of Science in Engineering, Science and Technology Entrepreneurship — had ZERO citation. My legal brief focused on his unique and demonstrable abilities to use innovative solutions to solve food and nutrition issues amongst children in underserved communities.
Under the Matter of Dhanasar, my brief argued that my client's proposed endeavor — building sustainable and equitable child nutrition programs in underserved communities — will lead to projected future contributions by solving problems that the United States has deemed to be of both substantial merit and national importance: enhancing child nutrition, which will lead to healthy living and will therefore broadly enhance the societal welfare of the United States, particularly for children in underserved communities and economically disadvantaged areas.
My client’s proposed endeavor is at the intersections of science, health, and education; his proposed endeavor will serve the best interest of the American children, particularly children attending schools in underserved communities, I argued.
Among other national initiatives cited, my brief analyzed the Biden-Harris Administration National Strategy on Hunger, Nutrition, and Health. Inter alia, my client will use creativity and innovation to advance population health. Though the Dhanasar Court has narrowed the scope of Prong No.1, USCIS still doesn’t respond well to “localized benefits,” but some localized benefits have nexus to the national interest of the United States. Judging by his antecedents, my client prioritizes the common good of all, which is why he is a good fit for this altruistic cause — this argument, for instance, won’t work for one ‘Gordon Gekko.’ If you have seen the movie, “Wall Street,” you will know that altruism isn’t one of Gekko’s pertinent traits — I added. Every case is different, which is why it is important to talk to a lawyer who understands the nuances of the Matter of Dhanasar and other pertinent matters.
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).
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. In my own opinion, this is the trickiest legal analysis under the Matter of Dhanasar. Having read a lot of denied cases via the Administrative Appeals Office, I usually consider the third prong as equally important as the first two prongs. Here, my legal analysis focused on three of the factors enumerated by the Dhanasar Court: (1) whether, in light of the nature of my client’s qualifications or proposed endeavor, it would be impractical either for my 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 my client’s contributions; and (3) whether the national interest in my client’s contributions is sufficiently urgent to warrant forgoing the labor certification process. Let me stop there, for now.
My client can now focus on his work: helping to secure a sustainable, equitable and consistent supply of healthy food in underserved communities. 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 Law Office 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***
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