Blog Post

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 earlier today.

Having shared this life-changing news with our super-excited client— a young, smart and ambitious environmental engineer and researcher in the field of environmental engineering; a recipient of multiple merit-based scholarships, including an academic excellence award for being the best graduating student; and whose contributions as an environmental scientist at a renowned American company have been felt across three states in the country — the firm would like to provide more insights into this case.

Ther case, which the firm filed on April 19, 2024 (USCIS confirmed receipt on April 22), was expedited using the premium processing option (USCIS charges a separate fee to adjudicate a case within 45 days). The quick adjudication has no bearing on the outcome of the case, so think twice before making that expensive decision. Have this discussion with your attorney. For the regular processing option, the adjudication takes 3-9 months.

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 — whose highest level of education at the time of filing was a Master of Science degree in Environmental Engineering — has been involved in planning and overseeing environmental and geotechnical investigations in Utah, Idaho, and Washington in the United States. In fact, the firm provided verifiable evidence showing her proven record of commitment to environmental sustainability. In drafting the legal brief, we specifically focused on her demonstrable unique skills and accomplishments in the field of environmental engineering.

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

The brief argued, inter alia, that her proposed endeavor — conducting and advancing research in the field of environmental engineering, with a specific focus on developing practical solutions to environmental challenges with groundwater contamination, specifically per-and-polyfluoroalkyl substances (PFAS) and petroleum contamination, and conducting environmental investigations and environmental impact assessments to boost water security — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance. Our brief highlighted the uniqueness of her research methodology in categorizing wastewater from oil and gas extraction activities (fracking) and testing the long-term efficiency of polytetrafluoroethylene (PTFE) and polypropylene (PP) membranes for wastewater treatment. We also provided evidence of her work being presented at major scientific meetings, including, annual North American Membrane Society (NAMS) conference, and the American Association of Environmental Engineers and Scientists (AAEES) general meetings.

In fact, she has a verifiable track record of securing and remediating groundwater resources in the United States, working on projects involving state agencies. The brief further showed that her work with groundwater monitoring, specifically for emerging contaminants like Per- and Polyfluoroalkyl Substances (PFAS), significantly contributes to scientific advancement, enhancing the nation's understanding of the behavior and impact of these contaminants, as corroborated by distinguished professors and industry leaders with first-hand knowledge of her contributions.

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 — who seeks to enhance the efficiency of remediation strategies, addressing the complex interplay between environmental factors, microbial communities, and geochemical processes — 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 — mitigating PFAS contaminations. 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 spearhead innovative projects addressing soil and groundwater challenges.

Furthermore, our client's proposed endeavor, which is within the field of environmental engineering, is at the interface of science and health; therefore, her proposed endeavor should be viewed through the lens of public health and environmental impacts, the brief argued. The brief further argued, among other things, that her proposed endeavor will be essential for developing remediation strategies that may greatly improve environmental management practices in the United States. The brief highlighted the implications of her proposed endeavor, which will, among other things, providing solutions to environmental challenges in the United States.

Additionally, the carefully written 38-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 her field of specialty. To support this brief, the firm submitted 75 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 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. Ther 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. Ther 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 her work in the areas implicated in the proposed endeavor. Ther 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

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***FOR INFORMATIONAL PURPOSES ONLY. PAST SUCCESS DOES NOT INDICATE THE LIKELIHOOD OF SUCCESS IN ANY FUTURE LEGAL REPRESENTATION***

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