Blog Post

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 in the fields of artificial intelligence and data engineering. The U.S. Citizenship and Immigration Services (USCIS) delivered the Approval Notice to the firm’s address late last night.

Having shared this life-changing news with our client — a young and ambitious Computer Scientist who has been recognized as one of the “Top 30 Emerging Women in Technology” — who was super excited to hear that her EB-2 (NIW) petition was approved by the USCIS, the firm would like to provide more insights into this case.

This case was filed on August 23, 2023 (USCIS confirmed receipt on August 25, 2023). The case 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 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 Computer Science and Quantitative Methods (with honors), concentration in Predictive Analytics, was previously awarded the Best Female Graduating Student in Mathematics Education. The legal brief specifically focuses on her unique skills and accomplishments in her area of specialty.

Inter alia, documenting her progressive accomplishments, which she accumulated in the United States and abroad, and 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 — advancing and conducting research in the fields of artificial intelligence and data engineering, with a specific focus on developing AI-powered tools that will further the advancements of autonomous vehicles and sustainable auto manufacturing — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: to advance the development of autonomous vehicles and sustainable manufacturing, and maintaining U.S. leadership in emerging technologies.

With her verifiable track record of successfully undertaking research in these areas, our client is well positioned to advance the proposed endeavor, 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 — whose exceptional research ability and outstanding achievements in the field of data science and analytics make her an invaluable asset to the improvement of businesses, the field of automotive, healthcare and the overall interest of the United States — is the kind of talent that will advance the national interest of the United States. Our client's novel approach to developing multidimensional machine learning models will profoundly have positive implications for multiple domains of the national security, technology and industrial base of the United States, the brief argues.

Additionally, the carefully written 37-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 accomplishment in her area of specialty. To support this brief, the firm submits 114 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) 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 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 her 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 her 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 her work 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: 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

#eb2niw #immigrationlawyer #immigrationattorney

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

***Attorney advertising***