Blog Post

MULTIPLE VICTORIES FOR OUR CLIENTS!

The Law Office of Akintunde F Adeyemo, PLLC has successfully represented two clients — an exceptional computer scientist and an expert in data science and algorithm development of continuous glucose monitoring systems for diabetes care; and the other client is a young, brilliant and ambitious nuclear energy engineering researcher and a recipient of the prestigious Student Design Competition award from the American Nuclear Society — who are both involved in advancing the best interests of the United States.

At the time of filing, one of the client’s highest level of education was a Master of Science in Engineering (Energy Engineering – Nuclear Option), while the other client had a Master of Science in Computer Science.

Coincidentally, the U.S. Citizenship and Immigration Services (USCIS) delivered the Approval Notices to the firm’s address this afternoon.

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

One of the cases was filed on September 18, 2023 (USCIS confirmed receipt on September 18, 2023), while the other case was filed on September 9, 2023 (USCIS confirmed receipt on September 12, 2023). 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 an immigration, 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., their (petitioner’s 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 Computer Science, while the other client had a Master of Science in Engineering (Energy Engineering – Nuclear Option).

For the first client in the field of computer science, our 33-page brief argues, inter alia, that his proposed endeavor — conducting and advancing research in the fields of data science and algorithm development engineering, with a specific focus on building a system that will improve the accuracy of continuous glucose monitoring systems for diabetes patients — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: deploying new technologies that foster technological innovations and quality healthcare, which will potentially aid the United States in maintaining a technological edge as well as improve public health outcomes.

For the second client in the field of nuclear energy engineering, our 32-page brief argues, inter alia, that his proposed endeavor — conducting and advancing research in the field of nuclear energy engineering, with a specific focus on modelling and developing Small Modular Reactors (SMRs)/Micro-reactors at an affordable rate for the average energy user — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: solve energy security issues, greenhouse gas emissions, clean energy transition, and climate change crisis by mitigating the environmental impacts of energy use vis-à-vis industrial manufacturing.

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

Additionally, our carefully written briefs 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 a matter of fact, there was no RFE request, for their legal briefs survives all the three prongs of the analytical framework in the precedent decision 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, the briefs argue, inter alia, that their contributions to their respective fields 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 clients will continue their research in the areas implicated in their respective proposed endeavors. This is a big win for the amazing Team at the firm. Most importantly, this is a big win for our clients and their family members (derivative beneficiaries): a step closer to the American dream.

Again, congratulations to our clients!

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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