Two EB-2 (NIW) Cases Approved: One in the Fields of Artificial Intelligence and Data Science, the Other in the Fields of Chemical Engineering and Sustainable Energy Research.
Tuesday, December 12, 2023!
Multiple Victories for Our Clients!
The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented two clients — an artificial intelligence expert and data scientist (he designed and implemented a machine learning model to predict patients' sentiments); and the other client is a remarkable chemical engineer and sustainable energy researcher (his research contributions have been published in top-tier scientific journals, with expertise in theoretical and experimental design and development of catalysts for enhancing biomass conversion into sustainable fuels and valuable chemicals) — who are currently residing in Asia and Europe.
At the time of filing, one of the client’s highest level of education was a Master of Science degree in Artificial Intelligence and Data Science (Summa Cum Laude), while the other client had a Doctor of Philosophy degree in Chemistry and Chemical Engineering (Summa Cum Laude). Both clients received their advanced degrees from well-known universities in Europe and Asia.
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 1, 2023 (USCIS confirmed receipt on September 6, 2023; the case was approved on December 4, 2023), while the other case was filed on November 27, 2023 (USCIS confirmed receipt on November 29, 2023; the case was approved on December 6, 2023). One of the 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 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 client who are in the U.S., once the priority/final action date kicks in, their Green Cards will be processed in the U.S. via the Adjustment of Status filing. Clients who are domiciled abroad, as applicable here, will go through the consular processing.
For the first client in the field of artificial intelligence and data science, our 29-page brief argued, inter alia, that his proposed endeavor — conducting and advancing research in the fields of artificial intelligence and data science, with a specific focus on writing, development, implementation and application of deep learning algorithms to improve the early detection of adverse reactions in patients’ treatment — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: enhance patient safety, improve healthcare quality, and reduce the overall burden of adverse reactions on patients and the healthcare system.
For the second client in the fields of chemistry and chemical engineering, our 36-page brief argued, inter alia, that his proposed endeavor — conducting and advancing research in the fields of chemical engineering and sustainable energy research, with a specific focus on designing and developing innovative catalytic systems that can significantly enhance the conversion efficiency of biomass into sustainable fuels and value-added chemicals — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: support long-term energy sustainability and clean energy transitioning.
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 cited, as well as analyzed, 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 survived 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 argued, inter alia, that their contributions to the 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 focused on three of the factors enumerated by the Dhanasar Court: (1) whether, in light of the nature of our clients’ qualifications or proposed endeavors, it would be impractical either for our clients to secure a job offer or for them 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 clients’ contributions; and (3) whether the national interest in our clients’ 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 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 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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