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 super-excited client — whose vision is to drive the design, development, and implementation of leading-edge semiconductor technologies, fostering breakthroughs in chip performance, energy efficiency, and versatility — the firm would like to provide more insights into this case.

Procedural history:

On Apr 19, 2024, the firm filed this original EB-2 (NIW) brief.

On April 23, 2024, USCIS confirmed receipt.

On August 14, 2024, the petition was upgraded to premium processing.

On September 20, 2024, the USCIS requested for additional evidence (RFE).

On Dec 5, 2024, the firm responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).

On February 6, 2025, the approval notice was delivered to the firm’s address.

Still, our client retains a priority date of April 2024; even though his case was just approved, he has priority over those who got their cases approved after April 2024. However, prospective clients may choose premium processing, which takes less than 45 days to adjudicate. Premium processing has no bearing on the outcome of a 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, 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 Master of Science in Chemical Engineering (graduating with a perfect GPA of 4.0), having previously earned a Bachelor of Science with First Class Honours in Chemical Engineering — has, through his current work at a global foundry, significantly contributed to the manufacturing processes of legacy technologies. His aspiration involves shaping the landscape of current and next-generation nodes, driving advancements in performance, energy efficiency, and overall chip capabilities. In fact, the firm provided verifiable evidence showing that he is exceptionally well-suited to address the evolving needs of US semiconductor manufacturing. In drafting the legal brief, we specifically focused on his demonstrable unique skills and accomplishments in the development of advanced sustainable materials and cutting-edge technologies.

Inter alia, documenting his progressive accomplishments, which he accumulated in two continents, and connecting that to the national interest of the United States, the brief, which initially trigged an RFE, subsequently survived all the three prongs.

The brief argued, inter alia, that his proposed endeavor — contributing to the advancements in the field of chemical engineering, particularly in the development and production of semiconductors and chips, with a specific focus on driving the design, development, and implementation of highly advanced technologies and innovative methodologies — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: boosting domestic semiconductor manufacturing.

With his other verifiable track record of successfully executing (and currently involved in) initiatives to improve semiconductor manufacturing processes and dry etching, the brief showed that our client has a remarkable ability to seamlessly integrate his profound understanding of chemical engineering with the advanced methodologies essential to semiconductor process development and manufacturing in the United States; 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 work pushes the boundaries of computing performance — 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 theme — innovation and sustainability within the realm of semiconductor technologies. 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 commitment to staying at the forefront of innovation.

Additionally, the carefully written 51-page brief (including the RFE response) 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 92 exhibits.

After responding to the RFE, 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

#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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