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 fulfilled client — an outstanding environmental engineer and researcher who, among other stellar accomplishments, is a recipient of a high-impact national scholarship award — the firm would like to provide more insights into this case.

This case, which the firm submitted on September 15, 2023 (USCIS confirmed receipt on September 19, 2023), was filed using the regular processing option.

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.

Our client — whose highest level of education at the time of filing was a Master of Science degree in Environmental Protection Engineering (with distinction) — is currently pursuing his Ph.D. in Environmental Resources Engineering. In fact, the firm provided verifiable evidence showing that our client is reasonably expected to be at the leading edge of technology innovation and entrepreneurship for wastewater treatment and resource recovery. In drafting the legal brief, we specifically focused on his demonstrable unique skills and accomplishments in the fields of environmental engineering and agricultural and biosystems engineering.

Inter alia, documenting his progressive accomplishments, which he accumulated in Africa, Europe and America, and connecting that to the national interest of the United States, the brief survived all the three prongs. Our brief showed that our client — who is working on two novel technologies, the Vacuum Absorption and Stripping (VaSA) for ammonia recovery, and the Struvite Recovery Prototype (STROP) from different waste streams — would also be conducting a comprehensive life cycle assessment and techno-economic analysis which is a vital research focus for novel technologies.

The brief argued, inter alia, that his proposed endeavor — conducting and advancing research in the fields of environmental engineering and agricultural and biosystems engineering, with a specific research focus on developing technology for ammonia recovery from wastewater, and advancing wastewater treatment and water quality through cutting-edge technologies — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: improve water quality, and the development of resource recovery technologies. Our client — who graduated summa cum laude in a class of over 120 students — will continue to make noteworthy contributions to the wastewater treatment and resource recovery field, the brief argued.

With his other verifiable track record, including constructing and testing a pilot-scale STROPTM prototype, 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 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 — has consistently displayed a unique talent for translating theoretical concepts into tangible results — 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 — wastewater treatment/resource recovery technologies. Leveraging verifiable evidence, the brief explained that our client’s past and current accomplishments, including his publications, are clearly indicative of his future contributions. The brief also showed that our client has the potential to revolutionize resource management practices, leading to enhanced environmental sustainability and reduced pressure on natural resources.

Furthermore, our client's proposed endeavor, which is within the fields of environmental engineering and agricultural and biosystems engineering, is at the interface of science, technology, and health; therefore, his proposed endeavor should be viewed through the lens of public health impact, scientific and technological advancements. The brief further argued, among other things, that his proposed endeavor would help the actualization of the circular economy agenda of zero waste. The brief highlighted the implications of his proposed endeavor, which will, among other things, largely contribute towards sustainable recourse production and further enhance agricultural production in the United States.

Additionally, the carefully written 33-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 his field of specialty. To support this brief, the firm submitted 104 exhibits, including documentation showing his awards and recognition from past and current collaborators in three continents.

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 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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