Blog Post

Monday, November 20, 2023

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. U.S. Citizenship and Immigration Services (USCIS) delivered the Approval Notice to the firm’s address on Friday, November 17, 2023.

Having shared this life-changing news with our client — an exceptional researcher in the field of food 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, which we filed on July 14, 2023 (USCIS confirmed receipt on July 18, 2023), was filed using the regular processing option. Prospective clients may opt for a premium processing (USCIS charges a separate fee to adjudicate a case within 45 days). A quick adjudication has no bearing on the outcome of an immigration petition, 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 Master of Science in Food Technology —  is a recipient of some prestigious scholarships, with a verifiable history of contributing to a project funded by the European Institute of Innovation and Technology. She has also conducted research in three continents — Africa, Europe and Asia. The legal brief specifically focuses on her demonstrable unique skills and accomplishments in the field of food technology.

Inter alia, documenting her progressive accomplishments — including her current doctoral research in food technology— 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 — conducting and advancing research in the field of food technology, focusing specifically on processing and preservation of underutilized food materials using innovative technology processes to ensure food security in the society — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: contributing to the advancement of food safety and food security, advancing technological innovation in the food industry, creating new foods, improvement of food systems, optimization of food resources and reduction of food wastage and maintenance of the global food supply chain.

With her other verifiable track record of successfully undertaking novel research — investigating the impact of different processing methods, one of her research goals is to develop texture-modified 3D food products for individuals with eating disorders — our client, who also earned another Master of Engineering in Industrial Engineering, has the potential to revolutionize the food industry by harnessing the capabilities of 3D printing technology, 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 has acquired strong educational and research qualifications in the field of food technology — is the kind of talent that will advance the national interest of the United States. Highlighting her verifiable contributions to projects focused on innovative food processing, the brief argues that she has the talent and expertise in the area of food science and engineering that would be of great benefit to the United States of America.

Additionally, the carefully written 36-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 — including publications, conference proceedings and over 150 citations — showing that, relative to her similarly situated peers, our young, ambitious client possesses an impressive record of success in her field of specialty. To support this brief, the firm submits 85 exhibits.

Furthermore, our client has qualifications that are far superior to those required in the field of food technology. Our client's work is crucial because it involves significantly contributing to important initiatives of the U.S. government on food waste, food loss, food insecurity and underutilization of food materials, the brief argues.

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 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 her family member (a derivative beneficiary): 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***

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