Blog Post

I am happy to share that my law firm has successfully represented a client who is currently living and working in one of the biggest countries in Africa. USCIS delivered the Approval Notice to my address last night.

Because my client is currently living and working in Africa (time difference), I wanted to share the news with him first, so I did not share the news on the firm’s blog and other platforms yesterday.

Having shared this life-changing news with my client (a professional in the aerospace sector), 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 more insights into this case.

I filed this brief some months ago, with a priority date of January 31, 2023. Client opted for a regular processing time, which takes between 3 to 9 months. Sure, this adjudication took months, but prospective clients can choose premium processing, but the USCIS charges a lot of money for that.

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)? As you can see, this client hired me from his base in Africa. As indicated on the Approval Notice, his file will now be sent to the National Visa Center (NVC) for consular processing, meaning that their (petitioner’s and his derivative beneficiaries’) Green Cards will be processed at the appropriate U.S. embassy. For my clients who are in the U.S., their Green Cards will be processed in the U.S. via the Adjustment of Status filing.

My client, whose highest level of education at the time of filing was a Master of Business Administration, had ZERO citation. My legal brief focused on his work as an expert in the aerospace supply chain for top airlines in Africa. Having successfully executed multiple projects in the specific area of aerospace supply chain management, my client’s record justifies projection of future benefits to the United States, my brief argued.

Inter alia, documenting his progressive academic and professional achievements, which he accumulated in one of the largest countries in Africa, and connecting that to the national interest of the United States, the brief survived all the three prongs.

My brief argued, inter alia, that his proposed endeavor — building a sustainable aerospace supply chain efficiency and combatting the disruption of medical, food, and other essential goods supply chain — would be of both substantial merit and national importance by advancing the national interest of the United States: resilient, diverse, and secure supply chains.

While supply chain is at the heart of interstate commerce and production, it is a complex field that implicates the daily activities of every American. To explain the importance of aerospace supply chain, my brief used ‘everyday English’ to reinforce my argument: Think of the common items in your household (televisions and furniture). Before these items are delivered to your household, they would have gone through different phases of supply chains. A lot of people are not aware of these phases until their orders are delayed for weeks instead of the regular delivery that would have taken days. For instance, millions of Americans travel by air; though airlines have to make sure that every plane is ready to fly safely (including cargoes that are transported in passenger planes), and supply chain is also implicated in this process. These are some of the areas that this proposed endeavor will look into. If spare parts could not be found on time (triggering Aircraft on ground, AOG, meaning that the aircraft needs maintenance to be airworthy), for instance, that may lead to a flight being canceled, affecting people and movement of goods. In fact, based on my research, AOG is a big deal in the aerospace industry, and that implicates supply chains. Finding global suppliers for spare parts is a race on its own, and my client’s verifiable experience in this area will serve the best interest of the United States.

In drafting this brief, I had multiple touchpoints with the client. Understanding what the client does is very critical to filing an NIW brief. From sourcing for raw materials to the point of consumption, supply chain management involves the coordination and management of activities involved in the production and delivery of goods and services. My brief argued that the proposed endeavor would create a synergy, working with both the private or/and public sectors, to build a sustainable, highly adaptive, flexible aerospace supply chain, providing high-level contributions to certain critical issues, including, but not limited to, sourcing of raw materials, procurement of components and subsystems that power the aerospace supply chain industry. This proposed endeavor would, therefore, play a crucial role in America's economic growth and national security, I argued.

As a supply chain leader in Africa, my client has the unique capability to build a formidable global supply chain partners in a strategic way, thereby achieving superior competitiveness. Evidenced by his advanced trainings in both Africa and Europe, and his verifiable history of working with global vendors and players in aerospace supply chain, my client has a strong global perspective and deep knowledge about complex supply chain issues, importing, exporting, trade agreements, and customs regulations, I argued.

Having read a similarly situated case (involving a supply chain professional) that was denied by the USCIS, which was also affirmed by the Administrative Appeals Office, AAO (In Re: 19634261. See the footnote for the link), my painstakingly written 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 lawyer that understands all the nuances of the law. Before I draft every brief, I 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 this brief, I submitted 52 exhibits.

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): (1) 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 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. 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. I answered in the affirmative. Let me stop there, for now. I don’t want to bore you with the analysis. You can read more about my analysis of 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, my client is looking forward to using his talent and unparalleled experience to help the United States to fortify its supply chain, which is under stress. This will help the United States to maintain its competitive edge against rising powers like China and India. 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 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

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

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^^^ extension://elhekieabhbkpmcefcoobjddigjcaadp/https://www.uscis.gov/sites/default/files/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Advanced%20Degrees%20or%20Aliens%20of%20Exceptional%20Ability/Decisions_Issued_in_2022/AUG022022_01B5203.pdf