Three EB-2 (NIW) Cases Approved for Clients in the Following Fields: Civil and Transportation Engineering; Information Security; and Environmental Management, Health, and Safety
TRIPLE WINS FOR OUR CLIENTS!!!!!!!
The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented three clients in the above-cited fields.
The first client — an exceptionally brilliant and intellectually gifted environmental scientist —has won scholarships (graduated atop of his class in industrial chemistry) and multiple awards and recognition from a State Environmental Protection Agency. At the time of filing, the client’s highest level of education was a Master of Science in Environmental Management (with distinction). Previously, the client won multiple merit-based awards, including the National Merit Award and Scholarship: Total OML 130 Scholarship; and the Environmental Stewardship Award.
The second client — a young, ambitious, and brilliant civil engineer and researcher, with meritorious awards (graduating with honors/Summa Cum Laude) — has contributed to transportation projects at all levels, including projects that have been federally funded and supported by the Federal Highway Administration (FHWA) and managed by the North Carolina Department of Transportation (NCDOT). In fact, the firm argued that her original transportation science discoveries will continue to foster major discussions among experts and motivate and facilitate research innovation and progress in transportation engineering. At the time of filing, the client’s highest level of education was a Master of Science in Civil Engineering. Previously, the client obtained a Bachelor of Science in Civil Engineering with First class Honours (Summa Cum Laude).
The third client — a highly trained cybersecurity professional, with substantive experience in both the private and public sectors, and who is currently safeguarding the digital infrastructure and assets of a regional government in North America — has spearheaded several pivotal cybersecurity projects that have significantly advanced provincial infrastructure and established new benchmarks in sectors like autonomous transportation and government digital services, earning her the prestigious Public Service Award.
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.
The first case was filed on July 29, 2024 (USCIS confirmed receipt on July 31, 2024; the case was approved on August 13, 2024); the second case was filed on August 2, 2024 (USCIS confirmed receipt on August 5, 2024; the case was approved on August 14, 2024); and the third case was filed on July 8, 2024 (USCIS confirmed receipt on July 11, 2024; the case approved on August 14, 2024). All the cases were filed through premium processing. While a premium processing takes 45 days to adjudicate, 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. For clients who are domiciled abroad, they will go through the consular processing.
For the first client, our 44-page brief argued, inter alia, that his proposed endeavor — conducting and advancing research in the field of environmental management, health, and safety, focusing specifically on developing a comprehensive framework for assessing climate change-induced hazards risk in coastal areas, as well as leveraging emerging technologies and predictive modelling tools in climate resilience planning and adaptation strategies — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: contributing to combatting the climate change crisis, promoting climate resilience planning and adaptation strategies in climate change related issues, and advancing the economic well-being of the United States.
In fact, the firm provided verifiable evidence to show that our client collaborated on an effluent treatment project, which involved an industry leader and a government agency, to ensure environmental sustainability and discharge of treated effluents. His innovative approach, which incorporates comprehensive environmental data and advanced predictive modeling, fills a critical gap in existing research and offers a nuanced understanding of coastal vulnerability. His accomplishments, including leading a team that developed an advanced solvent recovery system to mitigate the release of toxic miscible solvents into the environment, are remarkable. His research has already garnered attention for its potential to transform a major state's approach to climate change risk assessment. By the preponderance of the evidence, our brief demonstrated that his proposed research aimed at incorporating machine learning models, including Random Forest, Extreme Gradient Boosting, and K Nearest Neighbor, along with geographical information system (GIS) and remote sensing (RS) techniques, may allow scientists to keep track and prepare for climate-induced natural hazards. Granting his petition, we concluded, will contribute to the continued progress and leadership of the U.S. in addressing climate change challenges.
For the second client, our 41-page brief argued, inter alia, that her proposed endeavor — conducting and advancing research in the field of civil and transportation engineering, with a specific focus on smart intersections, developing and integrating cutting-edge computer vision technology and machine learning techniques to accurately classify and track objects in real-time — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: traffic congestion, mitigating the prevalence of motor crashes and fatalities in the United States and revolutionizing the transportation system to serve Americans better by incorporating the power of cutting-edge technologies.
Our client — a forward-thinking, promising and hands-on civil engineer who is passionate about making a mark in the traffic and transportation sector — has successfully taken part in different transportation projects across the United States. We provided verifiable independent and first-hand evidence to corroborate her contributions. For example, in a study supported by the Federal Highway Administration (FHWA), our client helped define and quantify the economic contribution of the of the goods delivery supply chain to a particular state’s economy. She documented the economic contribution and quantified the exposure that each mode of transportation had on each key supply chain sector. She identified the current state of logistics in the state and conducted interviews with subject matter experts and stakeholders across multiple public and private sector industries to understand what gaps exist. The results will have farther reaching effects as this information will be used by a variety of stakeholders and policymakers, the brief concluded.
Moreover, we painstakingly documented her long list of accomplishments, including her contributions to regional and local projects, and the impacts of those projects. In fact, we provided verifiable evidence to show the Transportation Research Board’s (TRB’s) selection of her technical research paper. Over the last decade, TRB committees have increasingly reserved podium sessions for the most consequential and promising research papers. It is rare for TRB to select research at the master’s level for one of the coveted podium sessions. This peer recognition of the originality and expected impact of our client's research is a resounding validation of her value as a transportation research scientist, the firm concluded.
For the third client, our 47-page brief argued, inter alia, that her proposed endeavor — contributing to the advancements of information security by specifically focusing on integrating cutting-edge artificial intelligence and machine learning technologies into cybersecurity frameworks, ensuring the resilience of America's digital infrastructure — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: threat detection and prediction, enhanced data protection, advanced threat intelligence, and vulnerability management.
Notably, we provided corroborating evidence showing that her work on developing stringent cybersecurity standards for a regional government's Autonomous Vehicle Pilot Project was impactful. She formulated Autonomous Vehicle Security Requirements, leveraging her expertise in threat modeling, cryptographic protocols, secure communication channels, and intrusion detection systems. This project not only advanced the security protocols within the autonomous transportation sector but also established benchmarks that have been recognized as industry standards. Furthermore, our client has been instrumental in influencing governmental policies that advocate for stringent security standards to protect against identity theft and cyber warfare. Her proposed endeavor extends to creating a secure digital ecosystem that enhances the protection of digital identities of U.S. citizens, thereby supporting the national interest by fortifying overall cybersecurity resilience, 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. To support all three briefs, the firm submitted 257 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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