Blog Post

Monday, December 18, 2023!

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented a client from Africa. The U.S. Citizenship and Immigration Services (USCIS) delivered the Approval Notice to the firm’s address on Friday.

Having shared this life-changing news with our client — a certified supply chain professional and operational planner at one of the leading American manufacturers of semiconductors — who was super excited to hear that his 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 25, 2023 (USCIS confirmed receipt on August 30, 2023). In this case, our client opted for a regular processing time, which takes between 3 to 9 months. Sure, this adjudication took months, but prospective clients can choose premium processing, but the USCIS charges a lot of money for that (premium adjudication has no bearing on the outcome of a case, so think twice before making that expensive decision). Have that 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. For H-1B clients, as in the case at hand, on June 14, 2023, the USCIS revised the regulatory requirements at 8 CFR 204.5(p), allowing for employment authorization documents (EADs). In practice, unlike F-1 and other non-immigrant visa holders who have to wait for the priority/final action date to kick in, H-1B holders and their spouses may apply for EADs.

Our client — whose highest level of education at the time of filing was a Master of Science degree in Global Logistics — has consistently demonstrated a remarkable ability to analyze complex logistical challenges, providing innovative solutions. Apart from submitting verifiable evidence showing that our client earned a prestigious (merit-based) scholarship during his graduate program, we also provided evidence showing that he obtained a Bachelor of Science in Business Administration (Logistics and Supply Chain Management) with first class honors (Summa Cum Laude). In fact, the firm provided verifiable evidence showing that he has demonstrated exceptional expertise and skills as a supply chain expert.

Inter alia, documenting his progressive accomplishments, which he accumulated in Africa and America, and connecting that to the national interest of the United States, the brief survived all the three prongs.

In drafting the legal brief, we specifically focused on his demonstrable unique skills and accomplishments in fostering a more robust and resilient supply chain, as well as working on identifying and adopting efficient semiconductor material planning strategies to support volume manufacturing of cutting-edge High Numerical Aperture (High-NA) lithography systems. Moreover, highlighting his expertise in securing critical electronics and mechatronic components used in semiconductor lithography systems, the brief argued that his work is vital to the technological advancements of the United States, ensuring a seamless alignment between demand and supply of critical components.

Furthermore, the brief argued, inter alia, that his proposed endeavor — building a sustainable semiconductor supply chain efficiency and combatting the disruption of batteries, silicon products, germanium and other key electronic components in the manufacturing of semiconductors and computer chips — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: building a sustainable semiconductor supply chain.

With his other verifiable track record of successfully executing (and currently involved in) complex projects in the semiconductor supply chain industry, as corroborated by distinguished professors and industry leaders (including a c-suite officer at one of the leading manufacturers of semiconductors) with first-hand knowledge of his contributions, our client is well positioned to advance the proposed endeavor, the brief argued.

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 argued that the client — a member of the Association of Supply Chain Management — is the kind of talent that will advance the national interest of the United States. Based on our understanding of the client’s work, the brief focused on this key area — semiconductor supply chain (particularly the critical components). Leveraging verifiable evidence, the brief explained that our client’s past and current accomplishments, which are truly exceptional, are clearly indicative of his future contributions. The brief also showed that our client has maintained a relentless commitment to build a sustainable semiconductor supply chain.

Furthermore, our client's proposed endeavor will be critical to the economic function, as well as the national security, of the U.S., which is prioritizing semiconductor supply chain.

Additionally, the carefully written 27-page brief 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 in the case at hand, the firm submitted verifiable evidence showing that our client possesses an impressive record of success in his field of specialty. To support this brief, the firm submitted 62 exhibits.

As a matter of fact, there was no RFE request, for the legal brief survived all the three prongs of the analytical framework in the precedent decision Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016): (1) that his proposed endeavor has both substantial merit and national importance; (2) that he 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 he satisfied 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 argued, inter alia, that his 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 focused 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/final action date to kick in, our client will continue his 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***

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