Blog Post

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented a client from Sudan. The U.S. Citizenship and Immigration Services (USCIS) delivered the Approval Notice to the firm’s address on Friday.

Having shared this life-changing news with our super-excited client — an intellectually gifted chemical engineer (graduated with First Class Honors) — the firm would like to provide more insights into this case.

This case, which the firm filed on August 5, 2024 (USCIS confirmed receipt on August 23, 2024, and approved the petition on September 17, 2024), was expedited using the premium processing option (USCIS charges a separate fee to adjudicate a case within 45 days). The quick adjudication has no bearing on the outcome of the case, 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 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 Science in Chemical Engineering from a prominent university in her home country — is an outstanding researcher and a doctoral student in chemical engineering, contributing actively to two U.S. federally funded research projects. In fact, the firm provided verifiable evidence showing her remarkable progress in the development of novel materials for high-temperature applications, including furnace linings, nuclear walls, and leading edges of hypersonic weapons and vehicles. Another aspect of her research work addresses a serious challenge in disposing of the wind turbine blades afterlife. We provided evidence to show that her work is further supported by prestigious institutions, such as the Department of Defense and the Department of Energy, and the National Science Foundation Research Experiences for Undergraduates (NSF-REUs). In drafting the legal brief, we specifically focused on her research in these key areas: the degradation of polymers under high-temperature and high-pressure conditions; the application of bio-based surfactants in enhanced oil recovery; and investigating the corrosion resistance properties of novel high-temperature materials. Her research will have potential impact on sustainable practices, energy efficiency, and national security in the United States, the brief stated.

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 survived all the three prongs.

The brief argued, inter alia, that her proposed endeavor — conducting and advancing research in the field of chemical engineering, with a specific focus on integrating high-performance materials for defense applications and the degradation mechanisms of wind turbine blades, and exploring eco-friendly products that can be effectively integrated into industrial applications — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance. These materials are critical for defense purposes, as they are used in the construction of jet engines, rockets, and missiles, the brief stated.

In fact, as a key participant in a high-priority research project funded by the Department of Defense, as corroborated by distinguished professors with first-hand knowledge of her contributions, and her proven track record of success, 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 — an exceptional chemical engineer who gained experience in university teaching and research with focused work on corrosion reduction — 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 — developing novel high temperature materials for defense and other applications. 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 significantly advance sustainable and efficient industrial practices.

Furthermore, our client's proposed endeavor, which is within the field of science and technology, is at the interface of science and technology; therefore, her proposed endeavor should be viewed through the lens of developing high-performance materials, with multisectoral applications, the brief argued. The brief further argued, among other things, that her proposed endeavor will allow recovery of valuable compounds and byproducts. The brief highlighted the implications of her proposed endeavor, which will, among other things, address the waste generated by wind turbine blades.

Additionally, the carefully written 40-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 her field of specialty. To support this brief, the firm submitted 81 exhibits, including evidence of publications, citations and awards.

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 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 she 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***

***ATTORNEY ADVERTISING***