Blog Post

Saturday, May 6, 2023

THE LATEST WINNING BRIEF FROM THE LAW OFFICE OF AKINTUNDE F. ADEYEMO, PLLC

I am happy to share that my law firm has successfully represented a client from Africa. USCIS delivered the Approval Notice to my address last night.

Having shared this life-changing news with my client (an experienced researcher in the field of analytical and food chemistry), 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.

This case, which I filed on April 20, 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). The quick adjudication 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 my clients who are in the U.S., as in the case at hand, their (petitioner and derivative beneficiaries) Green Cards will be processed in the U.S. via the Adjustment of Status filing.

Among other sterling qualifications, my client, an award-winning food chemist, holds a Doctor of Philosophy (Ph.D.) degree in Food Chemistry. With a strong history of research collaborations with his international peers and premier organizations, my client’s research work has been published in reputable Q1 – Q4 indexed journals.

Inter alia, documenting his progressive research and professional achievements, which he accumulated 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 — conducting and advancing research in the field of food chemistry, focusing specifically on food analysis and food products development — would be of both substantial merit and national importance by advancing the national interest of the United States: reducing food loss and waste, as well as ensuring food safety.

In plain English, my client’s proposed endeavor is of both substantial merit and national importance because it explores what and how we eat in the context of health, sustainability and 21st century food science, my brief argued.

In drafting this brief, I had multiple touchpoints with the client. Understanding what the client does is very critical to filing an NIW brief. His research will inform stakeholders and policymakers in establishing regulatory standards, monitoring compliance, and ensuring that food products are safe for consumption; potentially, his proposed endeavor will also contribute to the development of rapid and reliable methods for detecting foodborne pathogens, allergens, and other hazards, thereby protecting public health, which is of national importance, my brief argued. With my client’s deep understanding of the chemical properties of food components and their interactions, he is well versed in optimization of formulation, processing, and preservation techniques. His proposed endeavor will potentially lead to the creation of new food products that are safe, healthier, more sustainable, and appealing to consumers, thereby advancing the national interest of the United States: safeguard public health.

Additionally, my carefully 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. As in the case at hand, I submitted verifiable evidence showing that my client was a principal investigator on a research funded by a national agency in his home country, as well as verifiable evidence showing the influence of his work beyond the shores of Africa. To support this brief, I submitted 131 exhibits.

Furthermore, the brief cited a case study involving Salmonella outbreaks, using that to show that allowing unsafe food products to enter into the stream of commerce will threaten public health and safety, as well as endanger the lives of consumers. In fact, the Centers for Disease Control and Prevention estimates that Salmonella causes illnesses and deaths every year in the United States. Food chemists, like my client, ensure that food products are safe from harmful microorganisms such as Listeria and Salmonella. Salmonella outbreaks pose a major public health crisis, for example. Therefore, my client's work is crucial to advancing the U.S. interest because the United States is interested in food products that are safe, healthy and free of toxic chemicals, my brief argued.

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 can’t wait to contribute to food safety and stronger food systems 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 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

#NIW#eb2niw#immigrationattorney#immigrationlawyer

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

***Attorney advertising***