Blog Post

I am happy to share that my law firm has successfully represented two different clients — a researcher in the field of health economics; and a researcher in the field of medicinal chemistry — who are both doctoral candidates in the U.S. Coincidentally, the U.S. Citizenship and Immigration Services (USCIS) delivered the Approval Notices to my address yesterday.

Having shared this life-changing news with my clients, who were super excited to hear that their EB-2 (NIW) petitions were approved by the USCIS, I would like to provide more insights into these cases.

One of the cases was filed on June 12, 2023 (USCIS confirmed receipt on June 14), while the other case was filed on June 23, 2023 (USCIS confirmed receipt on June 26). Both clients opted for the premium processing option (USCIS charges a separate fee to adjudicate a case within 45 days). A quick adjudication has no bearing on the outcome of a 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.

At the time of filing, one of the client’s highest level of education was a Master of Science in Economics, while the other client had a Master of Science in Biochemistry.

For the first client in the field of health economics, my 31-page brief argues, inter alia, that her proposed endeavor — advancing and conducting research in the field of health economics, with a specific research focus on the problem of dementia and end-of-life health care disparities among minority groups, particularly the American Indians and Alaska Native people — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: improving healthcare, reducing healthcare costs and disparities, and advancing an equitable healthcare system.

For the second client in the field of medicinal chemistry, my 26-page brief argues, inter alia, that his proposed endeavor — conducting and advancing research in the fields of biochemistry and medicinal chemistry, specializing in the design and synthesis of medically relevant inhibitors of deadly diseases, such as cancer, and developing novel inhibitors for the development of novel cancer therapeutics and drugs — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: to develop new therapeutics and drugs that will serve as anticancer agents, as well as potentially foster the overall wellbeing of the United States by controlling the emergence and prevalence of cancer through the design, synthesis and development of covalent inhibitors.

In drafting these briefs, I had multiple touchpoints with the clients. Understanding what the clients do is very critical to filing NIW briefs.

Additionally, my carefully written briefs 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 who 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 a matter of fact, there was no RFE request, for their legal briefs survived all the three elements of the new analytical framework articulated in the Matter of Dhanasar 26 I&N Dec. 884 (AAO 2016): (1) their proposed endeavors have both substantial merit and national importance; (2) that they are 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 briefs established that they 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 clients will continue their research in the areas implicated in the proposed endeavors. This is a big win for my clients and their 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

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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