Blog Post

Multiple Victories for Our Clients!

The Law Office of Akintunde F Adeyemo, PLLC has successfully represented two clients — a creative researcher focusing on the participation of refugees, immigrants, and children with learning challenges in diverse early childhood development contexts; and the other client has played a leading role at one of the world's largest suppliers of aerospace and defense products — who are currently residing in the U.S.

At the time of filing, one of the client’s highest level of education was a Doctor of Philosophy degree in Early Childhood Development, while the other client had a Master of Science in Aerospace Engineering. Both clients received their advanced degrees from well-known universities.

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 February 12, 2025 (USCIS confirmed receipt on February 14, 2025; the case was approved on March 13, 2025), while the other case was filed on May 9, 2024 (USCIS confirmed receipt on May 13, 2024; the case was approved on March 10, 2025). One of the 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.

For the first client in the field of early childhood education, our 32-page brief argued, inter alia, that her proposed endeavor — conducting and advancing research in the field of early childhood education, with a specific focus on developing scalable and effective intervention program framework access to support children’s academic, emotional, cognitive and social development — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: shaping impactful learning and social intervention programs that foster children's optimal development.

Our client aims to contribute to research and policy discussions by highlighting the interconnectedness of early investment, social equity, and parental thriving in promoting the academic, emotional, and social development of the most vulnerable populations, particularly immigrant and refugee children, in accessing quality education irrespective of their socio-cultural background.

As a trailblazer and heavily sought-after experienced professional in the field of early childhood development, our client is playing a profound role in shaping both economic and child development discussions, our brief argued. Her scholarly work on immigrant and refugee families has advanced academia and public policy discussions. The firm provided evidence of citations and influence in the field, as corroborated by leading scholars in her field of expertise. Through original research she conducted, and secondary data sets she analyzed, the brief showed that our client has been able to show how well-funded, high-quality early education investments for refugee and immigrant children yield unquestionable benefits in the long run - not just for the children and their communities- but for the broader society and country as a whole, the brief concluded.

For the second client in the field of aerospace engineering, our 38-page brief argued, inter alia, that her proposed endeavor — advancing aerospace engineering and sustainability, with a specific focus on contributing to greener aviation technologies, including electric and hybrid propulsion systems, alternative fuels, and eco-friendly materials, primarily through designing, testing, and certifying flight control systems for electric vertical takeoff and landing (eVTOL) aircrafts — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: reducing the environmental impact of aviation and promoting energy-efficient transportation.

Our client's work is vital to ensuring the reliability and advancement of modern aircraft systems, which are critical to the aerospace industry; through a focus on improving the efficiency and sustainability of aviation systems, our client's efforts align with goals to create safer, cleaner, and more advanced transportation options.

With an advanced degree in aerospace engineering from a reputable university, and comprehensive professional experience, our client is exceptionally well-equipped to contribute to the development of flight control systems for electric vertical takeoff and landing (eVTOL) aircraft, the brief argued. Furthermore, our client's methodical approaches to engineering problems that were perplexing to most, and her comprehensive understanding of aerospace systems, set her apart from her peers. We provided credible and verifiable evidence to show that our client's unique qualifications and contributions make her a valuable asset to the U.S., driving innovation and sustainability in an industry essential to the nation’s economic and environmental interest.

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. In both cases, we submitted 119 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***

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