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 — who possesses an elite roster of credentials that have allowed her to undertake complex legal and financial missions in the service of green infrastructure breakthroughs — the firm would like to provide more insights into this case.

PROCEDURAL HISTORY:

February 18, 2024: The firm filed the original EB-2(NIW) petition (premium processing).

February 20, 2024: USCIS received the petition (issued a priority date).

March 5, 2024: USCIS issued a request for evidence (RFE) for all three prongs.

May 14, 2024: The firm responded to the RFE.

June 18, 2024: USCIS approved the petition.

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 Laws (LL.M.) degree in Corporate and Finance Law — personifies the kind of talent that merits a national interest waiver. In fact, the firm provided verifiable evidence showing that she graduated amongst the top 2 percent of her class both at the University and the Nigerian Law School, in both cases, with First class degrees (Summa Cum Laude). In fact, the evidence showed that our client received multiple merit-based academic awards during her master’s program in the United States. In drafting the legal brief, we specifically focused on her demonstrable unique skills and accomplishments in the field of law.

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 argued that the client’s petition satisfied the three-prong test. An intellectually gifted individual, our client, who worked at one of the top law firms in her home country, has always distinguished herself from her peers, evidenced by her outstanding achievements so far. In fact, we submitted evidence showing that she undertook a considerable number of projects on infrastructure financing, capital markets debt financing - bond issuances, and disputes resolution.

The brief argued, inter alia, that her proposed endeavor — developing a scalable legal framework for conducting due diligence on commercial projects in the areas of construction, clean energy and smart infrastructure — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: advancing clean energy transition and environmental sustainability, promoting the development of sustainable, resilient, and smart infrastructure for the benefit of Americans.

With her other verifiable past contributions on complex projects, including an infrastructure project involving the largest commercial city in Africa (and another project involving the World Bank), as corroborated by distinguished professors and industry leaders with first-hand knowledge of her contributions, our client is well positioned to advance the proposed endeavor, the brief argued. Our client’s professional antecedents, including her contributions to critical infrastructure projects in Nigeria’s commercial capital and other interstate projects, are indicative of her future contributions to issues of national importance in the United States.

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 — whose legal knowledge of bond principles will aid her in developing her proposed scalable legal framework — 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 the importance of legal due diligence/green project financing. 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 advance the proposed endeavor in the U.S.

Additionally, the carefully written 66-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 her field of specialty. To support this brief, the firm submitted 101 exhibits.

Finally, after the RFE, 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 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 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 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, 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. 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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