THE LATEST WINNING BRIEF: EB-2 NIW APPROVED FOR A CLIENT IN THE FIELD OF CIVIL ENGINEERING
The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented a client from Africa.
Having shared this life-changing news with our happy client — a highly experienced civil engineer — the firm would like to provide more insights into this case.
This case — which the firm filed on March 27, 2024 (USCIS confirmed receipt on March 29, 2024) — was approved on December 21, 2024. The U.S. Citizenship and Immigration Services (USCIS) delivered the Approval Notice to the firm’s address yesterday. Though this case took months to adjudicate, prospective clients can choose the premium processing option, which takes 45 days to adjudicate.
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, his 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 Bachelor of Engineering in Civil Engineering — is a visionary civil engineer whose expertise in monolithic concrete technology exemplifies excellence and innovation. Our firm files this self-petition as a person with a U.S. bachelor’s degree or foreign equivalent plus 5 years of progressive post-degree experience in the specialty. See 8 CFR §204.5(k)(3)(i)(B). In fact, the firm provided verifiable evidence showing that our client currently heads the civil engineering department of an indigenous construction company, which executes complex projects in both private and public sectors, including road and building constructions using innovating and creative civil engineering techniques. With over 10 years of hands-on practical and progressive experience, including founding a civil engineering company, our client’s innovative approach to infrastructure development embodies the spirit of American ingenuity and entrepreneurship. His exceptional contributions to civil engineering through the use of monolithic concrete technology have not only filled a critical gap in infrastructure development but will also directly support the national interest of the United States by improving efficiency, sustainability, and economic prosperity.
In fact, the firm provided verifiable evidence showing his past and ongoing contributions. Leading industry experts, including both in the private and public sectors, have described our client's contributions as groundbreaking, filling a critical gap in infrastructure development and significantly impacting road rehabilitation efforts, especially in densely populated urban areas where challenges related to construction materials, time constraints, and traffic management are particularly acute.
In drafting the legal brief, we specifically focused on his demonstrable unique skills and accomplishments in the field of civil engineering. An outstanding design and building engineer, specializing in the use of monolithic concrete technology for building foundations, our client’s expertise in this area has greatly enhanced the quality and efficiency of building infrastructures, the brief argued.
Inter alia, documenting his progressive accomplishments, which he accumulated in Africa, and connecting that to the national interest of the United States, the brief survived all the three prongs.
The brief argued, inter alia, that his proposed endeavor — contributing to the advancements in the field of civil engineering by specifically focusing on developing a framework for integrating monolithic concrete technology into hydraulic structures and designing and implementing innovative construction techniques to enhance structural resilience and infrastructure quality — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: advancing sustainable construction by designing, constructing, and maintaining infrastructure that embrace sustainability, resilience, and adaptability to evolving circumstances.
With his other verifiable track record of successfully executing (and currently involved in) transformational construction projects, as corroborated by distinguished professors and industry leaders with first-hand knowledge of his contributions, 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 expertise extends to road pavement construction — 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 — integrating monolithic concrete technology. Leveraging verifiable evidence, the brief explained that our client’s past and current accomplishments are clearly indicative of his future contributions. The brief also showed that our client has maintained a relentless dedication to incorporating cutting-edge materials and methods to advance the field of design and building engineering.
Additionally, the carefully written 30-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 his field of specialty. To support this brief, the firm submitted 63 exhibits.
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 his proposed endeavor has both substantial merit and national importance; (2) that he 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 he 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 his 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 him 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 his 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
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***FOR INFORMATIONAL PURPOSES ONLY. PAST SUCCESS DOES NOT INDICATE THE LIKELIHOOD OF SUCCESS IN ANY FUTURE LEGAL REPRESENTATION***
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