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

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented a client from Africa. USCIS delivered the Approval Notice to the firm’s address yesterday.

Having shared this life-changing news with our client — a versatile data scientist and machine learning/artificial intelligence researcher who specializes in utilizing statistical and machine learning tools to tackle both academic and industrial problems — who was super excited to hear that his EB-2 (NIW) petition was approved by the U.S. Citizenship and Immigration Services (USCIS), the firm would like to provide more insights into this case.

This case was filed on May 5, 2023 (USCIS confirmed receipt on May 29, 2023). In this case, our client opted for a regular processing, which takes between 3 to 9 months to adjudicate. Sure, this adjudication took months, but prospective clients can choose a premium processing, but the USCIS charges a lot of money for that (premium adjudication has no bearing on the outcome of a case, so think twice before making that expensive decision).

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 our 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.

Our client, whose highest level of education at the time of filing was a Master of Science in Statistics, is currently a Ph.D. candidate in Computer Science. The legal brief specifically focuses on his unique skills and accomplishments in the field of data science and machine learning.

Inter alia, documenting his progressive accomplishments, which he accumulated in Africa and America, and connecting that to the national interest of the United States, the brief survives all the three prongs.

The brief argues, inter alia, that his proposed endeavor — conducting and advancing research in the field of data science/machine learning, a subfield of artificial intelligence, with a research focus on data extraction — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: gathering or retrieving of unstructured or poorly structured data from various sources and converting the data into structured format for further data processing, data storage and data analysis. Our client’s research will potentially identify novel techniques and approaches for data extraction, which will prospectively have practical implications for American businesses and government agencies. Indeed, our client’s work will foster technological innovations, which will potentially aid the United States in maintaining its technological edge, the brief argues.

With his verifiable track record of successfully executing complex projects, our client is well positioned to advance the proposed endeavor, the brief argues. Our client designs a large-scale search engine system for retrieving and segmenting data, with funding from a national laboratory in the U.S., including managing data and integrating various components with different functions. Developing such a system is extremely challenging due to the complexity of the architecture and compatibilities between interfaces of functional modules, the brief argues.

Our client's proposed endeavor is at the intersections of science and technology. Therefore, his proposed endeavor will serve the best interest of the United States by contributing to the advancement of technological innovations and development in the United States. His proposed endeavor, which involves conducting innovative research in emerging areas, will also advance some of the priorities of the United States, particularly in the areas of artificial intelligence, complex data analysis and machine learning. Therefore, his proposed endeavor will ensure that the United States maintains its technological leadership among its competitive rivals like China and other powerful countries that are actively attempting to dominate these new emerging technologies, the brief argues.

In drafting this brief, the firm 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 the client — who research work has quantitatively measured the reproducibility and replicability of a subfield of artificial intelligence — is the kind of talent that will advance the national interest of the United States. His wide-ranging skills and exceptional track record position him as a leader in driving the use of these technologies in the future, the brief argues.

Additionally, the carefully written 28-page brief cites, as well as analyzes, different applicable laws, regulations, and pertinent evidence to corroborate the assertions. NIW cases are tricky, so you need to consider hiring a law firm/lawyer that understands all the nuances of the law. Before drafting every brief, we 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, the firm submits verifiable evidence showing that our client possesses an impressive record of publications and accomplishments (including some of his large datasets published in a highly respected repository maintained by an Ivy League school) in his field. To support this brief, the firm submits 68 exhibits.

As a matter of fact, there was no RFE request, for the legal brief survives all the three prongs of the analytical framework in the precedent decision 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 establishes that he satisfies 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, the brief argues, inter alia, that his contributions to the field will undoubtedly benefit the United States This is the trickiest legal analysis under the Matter of Dhanasar. There are lots of denied cases via the Administrative Appeals Office, so the firm usually considers the third prong as equally important as the first two prongs. Here, the legal analysis focuses on three of the factors enumerated by the Dhanasar Court: (1) whether, in light of the nature of our client’s qualifications or proposed endeavor, it would be impractical either for our 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 our client’s contributions; and (3) whether the national interest in our client’s contributions is sufficiently urgent to warrant forgoing the labor certification process. This analysis is critical to winning an NIW case. You can read more about 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, our client will continue his research in the areas implicated in the proposed endeavor. This is a big win for the amazing Team at the firm. Most importantly, this is a big win for our client and his family members (derivative beneficiaries): a step closer to the American dream.

Again, congratulations to our 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

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

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