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 yesterday.

Having shared this life-changing news with our happy client — an exceptional, innovative scientist, who, among other remarkable achievements, graduated atop of her class (summa cum laude) during her master’s and bachelor’s degrees programs; currently a Ph.D. student in Chemistry (again, with a perfect grade point average, so far) — the firm would like to provide more insights into this case.

Procedural history:

On November 15, 2023, the firm filed this original EB-2 (NIW) brief.

On November 20, 2023, USCIS confirmed receipt.

On June 24, 2024, the USCIS requested for additional evidence (RFE).

On August 20, 2024, the firm responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).

On September 23, 2024, the approval notice was delivered to the firm’s address.

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 Environmental Chemistry from a prominent university in her home country (5.00/5.00 Cumulative Grade Point Average) — demonstrates an unwavering commitment to contribute to the betterment of society through battery electrode research for Lithium-ion batteries in her current pursuit and multi-ion batteries in her future research. The brief argued that our client possesses the enthusiasm and strong drive to innovate, which are essential in tackling complex scientific challenges; with access to the latest academic resources, cutting-edge laboratories, and mentorship from experienced researchers, enabling her to explore new ideas and conduct experiments effectively, which will yield creative innovations that will benefit the US national interest and lead to the growth of its economy.

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 focus of our client's research in Lithium- ion battery electrode materials development, and an understanding of the fundamental processes and reactions occurring in a Lithium-ion battery cell, will allow the United States to accelerate the transition to sustainable energy solutions, reduce greenhouse gas emissions, and enhance national energy security. This will also boost America's competitive edge in a rapidly evolving global economy, the brief argued.

The brief further argued, inter alia, that her proposed endeavor — conducting and advancing research in the field of chemistry, with a specific focus on energy storage system research, by developing high-energy electrode materials (cathode and anode) for lithium-ion batteries that are capable of storing and delivering the high energy density and power density required to power electric vehicles (EVs) and hybrid electric vehicles (HEVs) and automobiles — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance. Her ongoing research has developed a new series of Metastable room temperature Niobium-Tungsten Oxides that have been studied as a proposed replacement for graphite as lithium-ion battery (LIB) anode. These materials provided a wider range of anode materials for the next generation LIBs making the transition in electrically powered vehicles and automobile more efficient and safer for the United States economy and environment, the brief argued. The brief added that her ongoing and future research will potentially provide an in-depth understanding of the behavior of materials especially during battery usage, abnormalities can be detected earlier, and specific improvements can be made directly in areas needed. This will provide great insights for future materials design and engineering for electrode application, making her potential contributions to lithium-ion battery research quite remarkable, the brief argued.

In fact, we provided evidence of her role at a government agency, and her other work on understanding the role of polarons in the performance and stability of a battery, as corroborated by distinguished professors with first-hand knowledge of her contributions; with 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 — whose exceptional skills, unwavering dedication, and valuable contributions to scholarly innovations in the development of viable energy storage mechanisms are truly commendable— 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 — using chemistry to explore new and novel electrode materials for application as lithium-ion battery electrodes. 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 develop materials that can meet the high energy demand requirements of electric vehicles (EVs).

Furthermore, our client's proposed endeavor, which is within the field of chemistry, is at the interface of science and technology; therefore, her proposed endeavor should be viewed through the lens of developing of materials that can be used in commercial lithium-ion batteries to power EVs, the brief argued. The brief further argued, among other things, that her proposed endeavor is aimed at the research and development of earth-abundant high-energy, high-rate Manganese (Mn)-based cathode materials for lithium-ion batteries that are Cobalt (Co) free. The brief highlighted the implications of her proposed endeavor, which will, among other things, facilitate the adoption of EVs and renewable energy storage.

Additionally, the carefully written 57-page brief (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 119 exhibits, including evidence of publications, citations and awards.

After responding to the RFE, the 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***

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