Blog Post

Thursday, December 28, 2023

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented two clients — a young, ambitious and exceptional mechanical engineer, who is making substantial contributions in the areas precision farming and smart agriculture, and who also has hands-on experience in applying robotics to address agricultural automation challenges; and the other client is a brilliant researcher and forward-looking scientist whose multifaceted research involves cancer drug discovery and biotechnology — who are currently domiciled in the United States.

At the time of filing, one of the client’s highest level of education was Master of Science degree in Mechanical Engineering, while the other client had a Master of Science degree in Chemistry (and the client is currently pursuing a Doctor of Philosophy degree in Chemistry). Both clients received their advanced degrees from well-known universities in two continents.

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 December 11, 2023 (USCIS confirmed receipt on December 13, 2023; the case was approved on December 21, 2023), while the other case was filed on December 8, 2023 (USCIS confirmed receipt on December 12, 2023; the case was approved on December 19, 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 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., as applicable here, 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 will go through the consular processing.

For the first client in the field of field of mechanical and mechatronics engineering, our 40-page brief argued, inter alia, that his proposed endeavor — contributing to the advancements in the field of mechanical and mechatronics engineering, by solving complex challenges in precision agriculture technology and farm robotics, as well as leveraging deep learning frameworks, to enhance crop yield, mitigate pest and disease issues — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: enhancing high crop yield, making farming sustainable via agricultural automation, thereby contributing significantly to a lasting green economy.

For the second client in the field of chemical sciences, our 35-page brief argued, inter alia, that her proposed endeavor — conducting and advancing research in the field of chemical sciences, focusing specifically in the areas of biotechnology and drug discovery (organometallic pharmaceuticals) with potentials for addressing several types of cancers — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: fostering cancer research and drug development.

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. In this case, both clients have been well cited by their peers, with their achievements corroborated by those with first-hand knowledge of their accomplishments: in fact, one of the client works for an American-owned global leader in agricultural technology, while the other is working with top scientists to design a micro-array chip (Chromatin Immunoprecipitation) sequencing DNA hybridization technology, which is pertinent in monitoring the genetic evolution of SAR-CoV-2 and other types of deadly viruses that may arise in the future.

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: 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

#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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