Blog Post

Wednesday, June 28, 2023

MY LAW FIRM HAS SUCCESSFULLY REPRESENTED A CLIENT FROM INDIA

First, Happy Eid al-Adha to all my Muslim friends and clients (current and prospective)!

I am happy to share that my law firm has successfully represented a client from India. USCIS delivered the Approval Notice to my address while I was in Texas representing another client.

Having shared this life-changing news with my client (an experienced clinical data manager), who was super excited to hear that her 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 June 12, 2023 (USCIS confirmed receipt on the 14th), 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 beneficiary) Green Cards will be processed in the U.S. via the Adjustment of Status filing. For H-1B clients, as in the case at hand, on June 14, 2023, the USCIS revised the regulatory requirements at 8 CFR 204.5(p), allowing for employment authorization documents (EADs). In practice, unlike F-1 and other non-immigrant visa holders who have to wait for the priority date to kick in, H-1B holders and their spouses may apply for EADs.

My client, whose highest level of education at the time of filing was a Master of Technology, is a fully experienced and well-qualified contributor in the field of clinical data management. My legal brief specifically focused on her unique skills and accomplishments in the field of clinical data management.

Inter alia, documenting her progressive accomplishments in managing data quality during clinical trials, which she accumulated in different countries; connecting that to the national interest of the United States, the brief survives all the three prongs.

The brief argues, inter alia, that her proposed endeavor — contributing to the advancements of health informatics and artificial intelligence in medicine by continuing to support and develop a scalable data management framework for clinical trials involving drug development for critical diseases like cancer and diabetes — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: achieving medical breakthroughs through advanced technologies and leveraging information technology (health informatics). With artificial intelligence/machine learning being utilized to analyze vast amounts of data from both clinical trials and observational studies, my client's proposed endeavor has the potential to accelerate the development of safe and effective drugs. My client would potentially play a critical role in ensuring that study data is accurate, complete, and of high quality, which is essential for the success of clinical trials and ultimately the development of new treatments for patients, the brief argues.

With her verifiable track record of successfully designing and programming laboratory data files — coupled with her high potential to continue to make important contributions in the future — my client is well positioned to advance the proposed endeavor, the 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, the brief argues that my client — who is armed with advanced programming skills — will potentially contribute to improving the data management methods that are critical to clinical trials and drug development. With her professional accomplishments in the field of clinical data management, including, but not limited to, working on data management of clinical trials for numerous pharmaceutical companies, institutions and other organizations, 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, the 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 a unique perspective in this area and has consistently shown the ability to develop innovative solutions that have had a significant impact on the healthcare industry during the recent Covid-19 pandemic. To support this brief, I submitted 62 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) her proposed endeavor has both substantial merit and national importance; (2) that she 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 establishes that she meets 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).

With my client’s unique expertise in multiple programming languages such as SAS and SQL — and her unique ability to work with data formats such as CDISC (Clinical Data Interchange Standards Consortium) and XML (Extensible Markup Language), tools that are critical to clinical data management — the brief argues that my client is well positioned to advance public health in the United States. Specifically, her proposed endeavor will also contribute to areas that are important to the United States: information technology and clinical trials.

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 in the areas implicated in the proposed endeavor: my client, an H-1B visa holder, can also take advantage of the new policy from the USCIS. This is a big win for my client and her derivate beneficiary: 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

#immigrationattorney#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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