Blog Post

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented a client, a remarkable young achiever in the emerging field of renewable energy technologies, under the Employment-Based, First-Preference Green Card (EB-1A, Alien of Extraordinary Ability).

After the EB-1A petition was approved by the U.S. Citizenship and Immigration Services (USCIS), the firm immediately informed our client who was super excited about the news. Now, we would like to provide more information about this case.

Procedural history:

On August 14, 2024, the firm filed the original EB-1A petition.

On August 16, 2024, USCIS confirmed receipt of the petition.

On September 5, USCIS requested for additional evidence (RFE).

On November 6, 2024, the firm responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).

On November 27, 2024, the firm received the approval notice.

What is EB-1A? EB-1A is an employment-based, first preference immigrant visa (Green Card), and it is one of the statutorily approved ways for qualified foreigners of extraordinary abilities to become permanent residents in the U.S., and, subsequently, become U.S. citizens. In other words, only the “best and brightest” individuals are eligible to file this petition. For EB-1A, your location is irrelevant. Per the statute, you must show that you are a foreigner of extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation. [INA §203(b)(1)(A). 8 CFR 204.5(h).]

Additionally, the foreigner must provide sufficient qualifying documentation that meets at least three of the ten categories listed at 8 C.F.R. § 204.5(h)(3)(i)-(x). Finally, after providing the evidentiary requirements set forth at 8 C.F.R. § 204.5, and based on a two-part test to determine eligibility, the Kazarian analysis follows (i.e., a final merits determination, per Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010)). Neither an offer for employment in the United States nor a labor certification is required for this classification; therefore, anyone can file the petition on behalf of the person, including the noncitizen who may file as a self-petitioner. See 8 CFR 204.5(h)(5). See also 8 CFR 204.5(h)(1).

In the case at hand, and in the following order, we attempted the following four (4) regulatory criteria:

Criterion No. 1: Beneficiary has Performed Leading or Critical Roles for Organization. See 8 C.F.R. § 204.5(h)(3)(viii).

Criterion No. 2: Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor. See 8 C.F.R. §204.5(h)(3)(i).

Criterion No. 3: Published material about the person in professional or major trade publications or other major media relating to the person's work in the field for which classification is sought. See 8 C.F.R. § 204.5(h)(3)(iii).

Criterion No. 4: Participation as a Judge of the Work of Others. See 8 C.F.R. § 204.5(h)(3)(iv).

Additionally, the carefully written 42-page brief cited, as well as analyzed, different applicable laws, regulations, and pertinent evidence to corroborate the assertions. EB-1A cases are tricky and tough, 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: EB-1A cases are won on the merit of the arguments. 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, whose accomplishments are truly breathtaking, would contribute substantial benefits to the United States in the future. To support this brief, the firm submitted 88 exhibits.

In drafting this brief, the firm had multiple touchpoints with the client. Understanding what the client does is very critical to filing an EB-1A brief. Moreover, by providing verifiable evidence, the brief argued that the client — a highly analytical, award-winning and purpose-driven doctoral researcher — fits neatly into the talent pool that will serve the best interest of the United States. Based on our understanding of the client’s work, the brief focused on this key area — renewable energy technologies. 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 continue working in the acclaimed area of expertise, including her role as an Energy and Business Development Consultant on different projects across Africa.

The brief argued, inter alia, that her proposed endeavor — conducting and advancing research in the field of renewable energy technologies, with a specific focus on developing a comprehensive model to analyze and project the impact of climate change on renewable energy sources, mainly focusing on solar, wind, geothermal and hydroelectric power generation — will potentially lead to groundbreaking innovations that will have multifaceted or multi-sectoral applications in the United States.

Our client's remarkable strength lies in her capacity to conduct cutting-edge research that expands the theoretical knowledge in her domain and has practical applications with far-reaching implications, the brief argued. Distinguished experts also corroborated the fact that our client had previously developed and implemented decentralized solar energy solutions in Africa, directly addressing critical energy needs and improving the quality of life for these communities. Among other recognitions, we submitted verifiable evidence showing that our client's work has been recognized by the prestigious Oxford School of Climate Change (SoCC) and the Environmental Scholar in the Earth and Environmental Systems Institute (EESI).

Our brief provided extensive documentation showing our client’s accomplishments are unparalleled, and her achievements have remained consistent and continuous, with recent honors bestowed upon her by global organizations for her outstanding contributions to renewable energy technologies. We also submitted verifiable evidence showing that our client was a recipient of an international scholarship award from the United Nation’s Intergovernmental Panel on Climate Change (IPCC) Scholarship Programme, the leading international body for assessing climate change; a recipient of the British Chevening Award, a prestigious international scholarship program funded by the UK government; and also a recipient of gold and silver President’s awards, equivalent to the Duke of Edinburg award in her home country.

With this crucial phase now over, and because EB-1A has no backlog (i.e., the priority date is CURRENT) our client, who currently resides abroad, will IMMEDIATELY proceed to the next stage: adjustment of status. 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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