Blog Post

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented a client in the above-cited field. 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 — an environmental scientist and sustainability researcher whose research employs interdisciplinary tools to explore intricate technology-socioenvironmental perspectives and science-policy interface to drive a sustainable energy transition and circular economy — the firm would like to provide more insights into this case.

PROCEDURAL HISTORY:

May 24, 2023: The firm filed the original EB-2(NIW) petition (regular processing).

May 31, 2023: USCIS received the petition (issued a priority date).

January 31, 2024: USCIS issued a request for evidence (RFE).

April 9, 2024: The firm responded to the RFE.

May 15, 2024: USCIS issued a Notice of Intent to Deny (NOID).

May 16, 2024: The firm responded to the NOID.

June 8, 2024: USCIS approved the petition.

June 14, 2024: The firm received the approval notice in the mail.

Interestingly, as a matter of law (priority date), and relative to those who got their petitions approved between June 2023 and June 2024, our client is first in line to file an adjustment of status application.

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, his Green Card will be processed in the U.S. via the Adjustment of Status filing. Prospective clients can use a premium processing option (USCIS charges a separate fee to adjudicate a case within 45 days). The premium processing has no bearing on the outcome of a case, so think twice before making that expensive decision. Have this discussion with your attorney.

Our client — whose highest level of education at the time of filing was a Master in Public Administration from one of the best global universities — has, among other things, designed and conducted an extensive biodegradation-focused laboratory experiment to combat the expanding plastic waste pollution problem. In fact, the firm provided verifiable evidence showing that our client is a highly gifted and passionate environmental scientist and researcher with an impressive interdisciplinary academic background in applied sciences and environmental policy. In drafting the legal brief, we specifically focused on his demonstrable unique skills and accomplishments in the field of environmental conservation and sustainability.

Inter alia, documenting his progressive accomplishments, which he accumulated in Africa, Asia and America, where he is currently a Ph.D. student in Energy and Environmental Policy, as well as serving as a research assistant in an ongoing NSF-funded project, the brief argued that the client’s work satisfied the three-prong test.

The brief argued, inter alia, that his proposed endeavor — conducting research in the field of environmental conservation and sustainability, focusing specifically on developing innovative and creative strategies to aid decision-making on environmental policy, energy transition, waste management and corporate sustainability — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: address the issue of climate change and other environmental sustainability issues that pose serious threats to the United States.

With his impressive research experience across areas like circular economy, environmental policy, and energy transition that would contribute to ongoing efforts to decarbonize the U.S. economy sustainably, improve material utilization, recycling and reintegration, protect at-risk communities from the impacts of environmental pollution and climate vulnerabilities, and design strategies for a safe, smooth, and just energy transition, as corroborated by distinguished professors and industry leaders with first-hand knowledge of his contributions, our client is well positioned to advance the proposed endeavor, the brief argued.

In drafting the briefs, 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 has consistently and meaningfully contributed (with ongoing commitment) to his field of specialty — 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 these areas — his expertise in strategic environmental management and climate response with the circular economy, carbon offset, climate migration, and environmental conservation. Leveraging verifiable evidence, the brief explained that our client’s past and current accomplishments, which are both in the private and public sectors across multiple continents, are indicative of his propensity to undertake complex research in these adjudged areas of substantial merit and national importance. The brief also showed that our client has maintained a relentless commitment to innovative circular economy solutions.

Furthermore, our client's proposed endeavor, which is within the general field of environmental conservation and sustainability, is at the interface of science and health; therefore, his proposed endeavor should be viewed through the lens of advancing public health and enhancing the societal welfare of the United States, the brief argued. The brief further argued, among other things, that his proposed endeavor has the potential to provide solutions and policies that can enhance environmental sustainability and public outcomes in the United States.

Additionally, the carefully written 51-page briefs (including the RFE 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 petition, the firm submitted 182 exhibits.

Finally, after all the RFE and NOID, petition 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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