EB-2 NIW Approved for a Client in the Field of Civil Engineering; Separately, I-485, Application to Register Permanent Residence Approved for Another Client

MULTIPLE VICTORIES FOR OUR CLIENTS!
Congratulations to these achievers!!!
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 happy client — whose research is focused on a critical challenge in geothermal energy generation: enhancing heat transfer and minimizing resource consumption through a novel polymer- based technology — the firm would like to provide more insights into this case. The firm provided verifiable evidence showing that her innovative approach of using porous microcapsules to control fracture permeability represents a groundbreaking solution with potential national benefits. Her federally funded project has gained interest and collaboration from leading institutions.
Procedural history:
On November 25, 2024, the firm filed this original EB-2 (NIW) brief.
On November 27, 2024, USCIS confirmed receipt.
On January 10, 2025, the USCIS requested for additional evidence (RFE).
On March 20, 2025, the firm responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).
Yesterday, the approval notice was delivered to the firm’s address.
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, her Green Card will be processed in the U.S. via the Adjustment of Status filing.
Our client — Master of Science in Science, Technology, and Health, specializing in Civil Engineering (her ongoing Ph.D. research focuses on improving energy recovery from geothermal systems) — demonstrates an unwavering commitment to contribute to the betterment of society through her research on finding solutions to reduce energy costs and obtain more environmentally friendly materials for civil engineering. The brief argued that our client, who previously worked at a national agency in her home country, has combined her experimental work with theoretical models, thereby providing a unique capability for contributing to research in this field. By advancing research on microcapsule transport for porous polymer deployment, she is contributing to innovative solutions that optimize fracture permeability, thereby increasing the viability of geothermal energy across diverse geological conditions.
Inter alia, documenting her progressive accomplishments, which she accumulated in Europe and America, and connecting that to the national interest of the United States, the brief, which initially triggered an RFE, later survived all the three prongs. By combining geomechanics, energy engineering, and microcapsule technology, the United States can move faster towards cleaner and more efficient energy solutions, which will help it lead the world in sustainable energy innovation. Our client aims to advance the area of heat recovery from geothermal systems for maximized energy generation. The brief argued that she will continue to research on the survivability of the microcapsules in high temperature, high pressure environments to ensure durable use of the technology in those extreme conditions.
The brief further argued, inter alia, that her proposed endeavor — contributing to the advancements of the U.S. geothermal energy sector, with a specific focus on a heat extraction for electricity generation, improving energy recovery, by conducting research on microcapsules transport for porous polymer deployment in geothermal fractures to modify fracture permeability — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance.
The brief argues that our client’s work focused on the transport of the microcapsules in sub-surface fracture systems, with the goal of being able to design and size microcapsules so that enter only select, large fractures. This goal requires a sizing criterion to be developed that relates the size of the microcapsule to characteristics of the fracture. By using flow visualization technology to observe microcapsule movement in fracture replicas, and then using these observations to develop a sizing criterion, our client’s work will contribute significantly to improving energy extraction from sub-surface geothermal sources. Geothermal energy is a key component in the transition from fossil fuels to more sustainable energy sources and is thus of critical importance to the United States, the brief argued.
In fact, we provided evidence of her past role at a government agency, presentations at the most important geothermal conferences and her other work on the development and deployment of geothermal energy, as corroborated by distinguished professors and experts with first-hand knowledge of her contributions; with her proven track record of success, 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 exceptional skills, unwavering dedication, and valuable contributions to scholarly innovations in the area of geothermal energy — 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 — research on microcapsules transport for porous polymer deployment in geothermal fractures to modify fracture permeability. 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 advancing innovative geothermal energy solutions that enhance heat extraction and efficiency.
Additionally, the carefully written 63-page brief (including the RFE 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 her field of specialty. To support this brief, the firm submitted 65 exhibits, including evidence of publications, conference proceedings, awards, and other probative materials.
After responding to the RFE, the 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 her proposed endeavor has both substantial merit and national importance; (2) that she 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 she 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 her 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 her 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 her 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.
Also, yesterday, one of our client’s I-485 application was approved. The client is now a Green Card holder vis-à-vis EB-2(NIW).
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
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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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