Latest Triple Wins
Latest Triple Wins: Twenty-three (23) Months Later, EB-2 NIW Approved for a Client in the Field of Pharmaceutical Science; EAD Approved for a Client in the Field of Electrical and Power Engineering; and EAD Approved for a Client in the Field of Environmental Engineering
The Law Office of Akintunde F Adeyemo, PLLC has successfully represented three clients in the above-cited fields. The U.S. Citizenship and Immigration Services (USCIS) delivered the Approval Notices to the firm’s address over the weekend. The EAD applications for both the engineers started with the filing of EB-2(NIW) petitions. The firm represented both clients. Also, if your I-765, or I-485, application has been pending beyond the normal processing time, you can schedule an appointment with our attorney. With the latest priority date, based on the August Visa Bulletin, you should be proactive with your I-485/I-765 applications. No additional (substantive) information is necessary for the EAD applications.
However, for the EB-2(NIW) client, the firm would like to provide more insights into this case.
Procedural history:
On August 9, 2024, the firm filed this original EB-2 (NIW) brief.
On August 12, 2024, USCIS confirmed receipt.
On January 6, 2026, the firm filed a request for premium processing.
On March 12, 2026, USCIS requested for additional evidence (RFE).
On May 19, 2026, the firm responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).
On August 1, 2026, the approval notice was delivered to the firm’s address.
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 is in the U.S., as in the case at hand, her Green Card will be processed in the U.S. via the Adjustment of Status filing.
Our client — an intellectually gifted, first-generation pharmaceutical scientist whose ambitious and promising research efforts, combatting roadblocks in cancer treatment development using pharmacogenomics at early drug development, have the potential to broadly impact and improve oncology pharmacotherapy in the United States — has presented significant clinical studies and drug monographs at esteemed healthcare institutions. Our client’s past research highlights her ability to translate complex data into practical applications for healthcare professionals, the brief stated.
The brief further argued, inter alia, that her proposed endeavor — which she divided into three pillars: pharmacogenomics provider and patient education and awareness programs; expanding pharmacogenomic testing access in rural and medically underserved communities; and pharmacogenomics integration in early-stage oncology drug development — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: it addresses a documented, urgent, and consequential gap in pharmacogenomics implementation in rural and medically underserved healthcare settings, with implications for patient safety, health equity, and the advancement of pharmacogenomics practice both nationally and globally.
In fact, she is exceptionally well positioned to advance the proposed endeavor, as corroborated by distinguished professors and researchers with first-hand knowledge of her contributions. Her academic record, pharmacogenomics training, active membership in the national pharmacogenomics research network, and frontline clinical position inside the exact type of institution her work addresses constitute a preparation that is specific, coherent, and directly relevant, the brief argued. It would be beneficial to the United States to waive the labor certification requirement. The role our client occupies does not exist in any standard labor market. The urgency of the patient safety problem she is addressing does not permit the delay that the certification process would impose, the brief added.
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 — earned her Doctor of Pharmacy from a prestigious American institution graduating Summa Cum Laude — 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: how to reduce harmful drug reactions, improve treatment outcomes (especially in cancer and other serious diseases), and make precision medicine available especially in underserved communities. Leveraging verifiable evidence, the brief explained that our client’s past and current accomplishments are clearly indicative of her future contributions. The brief also showed that our client has maintained a relentless commitment to pharmacogenomics.
What elevates our client's work from institutional to national significance is that her proposed endeavor is designed, from its inception, to produce a transferable implementation framework. She provided a clear and succinct implementation timeline and deliverables for each phase of her proposed endeavor. In drafting the brief, we showed the coherence between her training, her clinical position, and her scholarly output. The ones who make lasting contributions are not always the ones with the most resources. They are the ones with the clearest understanding of the problem, the most direct access to the population they are trying to serve, and the determination to close the gap between what the evidence supports and what patients receive. Our client has all three, we argued.
Additionally, the carefully written 68-page combined briefs (including the RFE response) 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 her field of specialty. To support this brief, the firm submitted 115 exhibits, including, but not limited to, evidence of certifications, pharmacogenomics research presentation, peer-reviewed research manuscripts in pharmacogenomics, journal club presentations to physicians at multiple institutions, clinical practice in a rural medically underserved community, licenses, and academic honors and professional recognitions.
After responding to the RFE, the 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 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 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 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 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 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, our client is eligible to file for an adjustment of status application. 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 all 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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