Blog Post

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented two clients — a young, ambitious and first-generation electrical engineer and researcher, and one who has also demonstrated an exceptional passion for semiconductor research, particularly in low-temperature energy storage systems; and the other client is an outstanding researcher and highly sought-after expert in soil chemistry sustainable agricultural practices — who are advancing their proposed endeavors in the above-cited fields.

At the time of filing, one of the client’s highest level of education was a Doctor of Philosophy in Soil Science, while the other client had a Master of Science in Electrical Engineering. Both clients received their advanced degrees from well-respected universities.

Having shared the life-changing news with our clients who were super excited to hear that their EB-2 (NIW) petitions were approved by the USCIS, the firm would like to provide more insights into these cases.

One of the cases was filed on July 2, 2024 (USCIS confirmed receipt on July 5, 2024; the case was approved on July 24, 2024), while the other case was filed on July 8 (USCIS confirmed receipt on 11, 2024; the case was approved on July 24, 2024). Both clients opted for a premium processing (USCIS charges a separate fee to adjudicate a case within 45 days). A quick adjudication has no bearing on the outcome of an immigration petition, so think twice before making that expensive decision. Have this discussion with your attorney.

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 are in the U.S., once the priority/final action date kicks in, their Green Cards will be processed in the U.S. via the Adjustment of Status filing. Clients who are domiciled abroad, as applicable to one of the cases here, will go through the consular processing.

For the first client in the field of soil science, our 42-page brief argued, inter alia, that his proposed endeavor — conducting and advancing research at the intersections of soil chemistry, agricultural value-chains development and sustainable farming practices, with a specific focus on employing cutting-edge technologies such as artificial intelligence and precision agriculture to optimize resource use, mitigate environmental impacts and improve crop yields — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: fostering sustainable and precision agriculture practices and promoting food security in the United States.

A brilliant soil scientist, our client has substantive experience in managing large-scale agricultural projects. In fact, we provided verifiable evidence showing that he has made significant contributions to soil chemistry, agricultural value-chains development and sustainable farming practices through his work with international development organizations. We provided overwhelming evidence, including evidence of international collaborations, awards, publications, and citations, showing that our client will continue to promote sustainable agricultural practices and food security through innovative research, highlighting the fact that his outstanding research outcome and expertise in sustainable agricultural practices will be a huge asset to the agricultural sector in the U.S.

Based on the evidence provided, our client’s research in soil chemistry and sustainable agriculture is outstanding, particularly his work on the influence of organic and inorganic fertilizers on soil organic carbon, pH, nutrient changes and maize. We argued that his expertise is not only academically profound but also practically transformative that can directly benefit major U.S. crops, such as maize. sorghum, wheat, and soybeans. Also, his work on promoting climate-smart agricultural practices, such as integrated pest management and conservation agriculture, aligns perfectly with global best practices and with the U.S. national priorities to ensure long-term food security and environmental conservation. His innovative strategics and sustainable practices will undoubtedly benefit the U.S. agricultural sector, making him an invaluable asset to the nation, the brief concluded.

For the second client in the field of electrical engineering, our 41-page brief argued, inter alia, that his proposed endeavor — conducting and advancing research in the field of electrical engineering (with a specialization in the modeling, design, and control of energy storage systems), with a specific plan to advance green energy by developing innovative, low-cost, and efficient energy storage solutions through research on low-temperature aqueous zinc-ion batteries, leading to battery technologies for integrating renewable energy into the electrical power network — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: improving the performance and sustainability of energy storage technologies and promoting energy security in the United States.

Our client’s approach to research and innovation is both rigorous and creative, showcasing his ability to contribute meaningfully to advancements in energy storage technology. Also, his extensive experience as an energy engineer enhances his research capabilities, allowing him to approach problems with a robust understanding of practical applications and theoretical foundations, the brief argued. In fact, the brief provided corroborating evidence to show that, during his graduate program, our client conducted pioneering research on low temperature energy storage systems under the guidance of a distinguished professor of electrical and computer engineering. These projects on mathematical modeling and simulation of these systems are critical for their deployment in cold climates, addressing a significant gap in current energy storage technologies.

The brief further argued that the overarching focus of our client’s research is to engage in a rigorous evidence-based research — among other things, developing innovative, low-cost, and efficient energy storage solutions — that will potentially and broadly enhance the reliability and efficiency of renewable energy systems across the United States, particularly in regions with harsh winter conditions. When a proposed endeavor aligns with the national priority of the United States, the brief argued, such endeavor merits a national interest waiver.

Additionally, our client’s research on anti-freezing aqueous zinc-ion batteries, which offers advantages over traditional lithium-ion batteries, demonstrates his innovative approach and dedication to solving complex energy storage challenges, as corroborated by a distinguished professor of practice. His meritorious awards in his field of specialty, including being named an exceptional energy engineer, and his deep understanding of the subject matter and a passion for developing solutions to complex problems are clearly indicative of his readiness to advance the proposed endeavor, the brief concluded.

In drafting these briefs, the firm had multiple touchpoints with the clients. Understanding what the clients do is very critical to filing NIW briefs. Additionally, our carefully written briefs 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. For both briefs, we submitted 162 exhibits.

As a matter of fact, there was no RFE request, for their legal briefs survived all the three prongs of the analytical framework in the precedent decision Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016): (1) their proposed endeavors have both substantial merit and national importance; (2) that they are 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 briefs established that they met 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 briefs argued, inter alia, that their contributions to the fields 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 clients’ qualifications or proposed endeavors, it would be impractical either for our clients to secure a job offer or for them 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 clients’ contributions; and (3) whether the national interest in our clients’ 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 date to kick in, our clients will continue their research in the areas implicated in their proposed endeavors. This is a big win for the amazing Team at the firm. Most importantly, this is a big win for our clients and their derivative beneficiaries: a step closer to the American dream.

Again, congratulations to 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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