Blog Post

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented two clients in the above-cited fields.

At the time of filing, one of the client’s highest level of education was Master of Science in Electrical Engineering, while the other client had a Master of Science in Climate Science and Solutions (With Distinction). Both clients received their advanced degrees from well-known universities in the United States.

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 August 9, 2024 (USCIS confirmed receipt on August 12, 2024; the case was approved on September 25, 2024), while the other case was filed on August 8, 2024 (USCIS confirmed receipt on August 12, 2024; the case was approved on September 26, 2024). Both clients opted for the premium processing option (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 will go through the consular processing.

For the first client in the field of electrical engineering, our 45-page brief argued, inter alia, that her proposed endeavor — advancing research in the field of electrical engineering (specializing in physical electronics and photonics) by developing advanced diamond-based electronic devices for high-power and high-frequency applications in ultra-wide-bandgap semiconductors and nanomaterials — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: revitalizing the semiconductor industry of the United States. Our brief provided verifiable evidence showing that our client is a purpose-driven electrical engineer and researcher who has taken part in multiple research projects on chips, semiconductor and nanomaterials. Right now, our client is a Ph.D. student in Electrical Engineering (specializing in ultra-wide-bandgap semiconductors and nanomaterials) at one of the top facilities for semiconductor research, where she is actively and meaningfully contributing to the success of its nanofabrication, with additional industrial training at Taiwan Semiconductor Manufacturing Company Limited (TSMC)'s 4nm fab. Our client’s ongoing contributions in this area are vital for maintaining the U.S.'s leadership in semiconductor technology and advancing the development of next-generation electronic devices.

Additionally, our client has distinguished herself in ultra-wide-band gap semiconductors and nanomaterials work. Her research focuses on fabricating and characterizing advanced semiconductor devices, which hold significant potential for advancing high-performance electronic devices. One of our client’s contributions is her research on fabricating and characterizing ohmic contacts to nitrogen-doped nano-carbon layers on diamonds. She has designed and fabricated these structures with optimized materials, thicknesses, and geometries to maximize performance. Through her research, she has developed contact strategies using nano-structured carbon interlayers, optimizing metal electrode stacks and annealing temperatures to achieve low resistance ohmic contacts. This work enables the realization of high-performance, diamond-based devices for advanced power and high-frequency applications. Her work is pushing the boundaries of semiconductor technology and paves the way for advanced, high-performance electronic devices that can revolutionize various industries, our brief argued.

For the second client in the field of climate science, our 41-page brief argued, inter alia, that her proposed endeavor — contributing to the advancements of climate science, with a specific focus on implementing effective climate action strategies in different settings, including executing sustainability projects, reducing carbon footprints and promoting environmental stewardship — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: reducing greenhouse gas emissions, achieving carbon pollution-free electricity, and advancing environmental protection. Her outstanding contributions, including in the U.S. public sector, to the field of sustainability have been recognized through several awards. We provided evidence showing that she has a unique set of skills, and that her work is extremely valuable to state and federal climate initiatives.

Additionally, our brief argued that our client’s endeavor plan will be an excellent application of her abilities. The primary theme of her endeavor plan - climate science - is a key issue of our time. Her innate talents, paired with her academic preparation, have prepared her to identify, vet and implement the appropriate climate solutions. According to leading experts in her field, our client has demonstrated her ability to apply her academic knowledge to real-world outcomes. By combining technical knowledge and community partnerships, and through her work, she can shepherd novel technical sustainability solutions to reality. A key part of her current role is managing the development of carbon offset projects that address carbon dioxide emissions (projects that reduce or eliminate release of carbon dioxide into the atmosphere). We provided verifiable evidence to show that our client possesses a rare combination of skills, accomplishments, and dedication that makes her an invaluable asset to the United States. We also provided evidence to show that her work in climate science and sustainability not only advances our understanding of environmental challenges but also provides practical solutions that benefit society as a whole. Our client’s work is focused on developing new carbon offset projects

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 cases, we submitted 163 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

#eb2niw #immigrationlawyer #immigrationattorney

***FOR INFORMATIONAL PURPOSES ONLY. PAST SUCCESS DOES NOT INDICATE THE LIKELIHOOD OF SUCCESS IN ANY FUTURE LEGAL REPRESENTATION***

***ATTORNEY ADVERTISING***