Blog Post

MULTIPLE VICTORIES FOR OUR CLIENTS!

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented two clients — an exceptional industrial engineer and renewable energy supply chain expert who, among other things, outperformed her peers in both her master’s and bachelor’s degrees (First Class or Summa Cum Laude); and the other whose expertise is at the intersections of public financial management and government-funded health projects and also one of the beneficiaries of the capacity building and mentoring provided through the PEPFAR/CDC funded project.

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

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

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 October 6, 2023 (USCIS confirmed receipt on October 10, 2023), while the other case was filed on August 3, 2023 (USCIS confirmed receipt on August 8, 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.

For the first client in the field of industrial engineering, our 32-page brief argues, inter alia, that her proposed endeavor — contributing to the advancement of renewable energy and sustainable supply chain management, focusing specifically on developing a scalable framework for mitigating and assessing supply chain risks that threaten renewable energy projects — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance:  sustainable transportation of clean energy, thereby contributing to the advancement of sustainable energy practices in the renewable energy supply chain sector.

For the second client in the field of financial management, our 30-page brief argues, inter alia, that his proposed endeavor — developing a scalable and sustainable financial management framework in government-funded projects and non-profit organizations, with a particular focus in the health-care sector — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: achieving appropriately structured financing mechanisms, eliminating fraud and waste in health projects, and strengthening the public health system.

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 the first client, for her 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 established that she 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).

However, there was an RFE request for the second client. On August 10, 2023, USCIS made a request for additional evidence (RFE). Ouch! The client was worried; while an outright win is always good, some cases go all the way to the Administrative Appeals Office. The firm represents clients at every stage.

On October 18, 2023, the firm responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).

For the RFE brief, our legal strategy was to respectfully acknowledge the concerns raised in the RFE document. To cure the deficiencies, the brief highlights, inter alia, the national imperative of the proposed endeavor. In the public health sector, the national importance of Mr. Ayodele’s proposed endeavor lies in the fact that the healthcare system cannot thrive without adequate financing and public health financial management framework that are crucial to improving the health of the general populace. Consistent with his past achievements in similar endeavors of national importance — he previously worked for an organization that was funded by the USAID and CDC in his home country, evidenced by verifiable documents — the client’s proposed endeavor will ultimately improve the efficiency, transparency, and accountability of financial processes, the brief argues. Evidently, the RFE brief argues, inter alia, that his proposed endeavor is altruistic in nature, as it will potentially contribute to an efficient, transparent and sustainable management of resource revenues in the United States’ healthcare sector — a matter of national concern — which will potentially lead to quality healthcare system and economic growth.

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: 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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