EB-NIW APPROVED FOR A CLIENT IN THE FIELD OF PUBLIC HEALTH
Saturday, May 20, 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.
Because my client is currently living and working in Africa (and due to the 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 (an accomplished public health expert), 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.
Speaking of the timeline, I filed this brief on February 8, 2023 (USCIS confirmed receipt on the February 13, 2023). In this case, my 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 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 Public Health, is a doctoral candidate in public health. My legal brief specifically focused on his unique skills and accomplishments in the field of public health. My client's storied career involved working for various local, national and international organizations, including internationally funded public health initiatives, so my brief argued that my client’s verifiable record justified a reasonable projection of future benefits to the United States.
Inter alia, documenting his progressive accomplishments and verifiable international awards, which he accumulated in different countries across Africa/United States, 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 — advancing research and developing effective public health policies and programs in the areas of infectious diseases, epidemiology, maternal health, diabetes and HIV/AIDS — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: preventing deadly diseases, prioritizing public health and promoting equity among people of color or minority populations.
With his verifiable track record of successfully implementing public health projects — coupled with his hands-on practice experience on the frontline — my client is well positioned to advance the proposed endeavor, 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. Moreover, by providing verifiable evidence, my brief argued that my client — who has been recognized and praised by state and non-state actors for his contribution in the fight against Ebola virus epidemic — has saved countless lives from HIV/AIDS, Ebola and other chronic diseases, and that the United States will benefit from his profound experience in public health. With his professional accomplishments in the field of public health, including, but not limited to, working for international organizations and internationally funded public health initiatives, my client is an invaluable talent that fits neatly into a talent pool that the United States has historically attracted to contribute to its societal welfare.
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 recipient of a prestigious international fellowship, as well as verifiable evidence showing the influence of his work beyond the shores of Africa. To support this brief, I submitted 94 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 will continue his doctoral research in the areas implicated in the proposed endeavor. 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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