Blog Post

Monday, June 5, 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 this weekend.

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

Having shared this life-changing news with my client (an experienced public health laboratory specialist), 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 25, 2023 (USCIS confirmed receipt on the 27th), 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)? 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’s degree, has a couple of publications and citations. My legal brief focused on his proposed endeavor, research and accomplishments in the area of HIV/AIDS epidemic control in public health.

My brief argues, inter alia, that his proposed endeavor — advancing research in laboratory practice, health program planning, design and implementation of HIV/AIDS epidemic control in public health — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: improve HIV-related health outcomes of people with HIV/AIDS.

My client’s proposed endeavor is at the heart of an important public health issue in the United States; his undertaking will improve public health, save American lives and improve societal welfare, particularly for those living HIV/AIDS, my brief argues. My brief further argues that public health plays a critical role in protecting and promoting the health and well-being of individuals and communities. This includes preventing and controlling the spread of diseases and other health threats, ensuring access to quality health care, and promoting healthy behaviors and lifestyles. Also, public health efforts can help reduce healthcare costs and improve the overall productivity of the United States.

With my client’s solid experience in executing internationally funded development public health programs in Africa, including managing clinical laboratories across Africa, my brief argues that his proposed endeavor would substantially support the United States’ efforts to achieve its national/global initiative: HIV/AIDS and STD/HIV epidemic control.

In fact, at the time of filing, my client had worked directly and indirectly on public health projects funded and supported by the CDC, USAID, the United States President's Emergency Plan for AIDS Relief, thereby advancing the interests of the United States.

Inter alia, documenting his progressive accomplishments, which he accumulated in different countries across Africa and with collaborators from around the world, and connecting that to the national interest of the United States, the brief survived all the three prongs.

With his verifiable track record of successfully implementing public health projects — coupled with his hands-on practice experience on the frontline (including in resource-poor settings) — my client is well positioned to advance the proposed endeavor, my brief argues.

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 argues that my client — whose work and path are fully documented and well established in the field of biomedical sciences — will continue to advance the U.S. mission to end the HIV/AIDS pandemic, which remains a public health threat. With his professional accomplishments in the field of public health and laboratory science, 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 and national/global initiatives. From a global standpoint, my client’s proposed endeavor will advance an issue that is of global importance to the United States, which has prioritized the fight against HIV/AIDS by providing funding to programs that support the eradication of HIV/AIDS.

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 has been recognized by his peers , as well as verifiable evidence showing the influence of his work beyond the shores of Africa. To support this brief, I submitted 91 exhibits, including, but not limited to, the U.S. Centers for Disease Control and Prevention’ Division of Global HIV/AIDS & TB validating some of my client’s technical competencies.

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 work in the areas implicated in the proposed endeavor. This is a big win for my client and his family members (derivative beneficiaries): a step closer to 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

#eb2niw

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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