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 on Monday.

Having shared this life-changing news with our happy client — an exceptional entomologist who possesses a unique combination of research prowess, academic excellence, and a deep commitment to addressing critical issues in agricultural entomology research — the firm would like to provide more insights into this case.

Procedural history:

On April 24, 2024, the firm filed this original EB-2 (NIW) brief.

On April 26, 2024, USCIS confirmed receipt.

On February 20, 2025, the USCIS requested for additional evidence (RFE).

On May 12, 2025, the firm responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).

On June 2, 2025, 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 outside the U.S., as in the case at hand, her Green Card application will go through consular processing.

Our client addresses critical challenges in US rice agriculture by integrating sustainable pest management with innovative waste valorization. 

The brief further argued, inter alia, that her proposed endeavor — conducting and advancing research in the field of applied entomology and pest management, centered on insects and their bio ecology, focusing specifically on the rearing and utilization of Black Soldier Flies (Hermetia illucens) in the context of sustainable agriculture and waste management — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance. 

Through her extensive studies on rice stem borers, our client has identified their occurrence patterns, distribution trends, and damage symptoms, including dead heart and white heads, which are critical indicators of infestation across different growth stages. One of her most notable achievements is the development of an advanced stem borer assessment method, an innovative numerical counting technique that standardizes data collection by evaluating both infested and uninfested rice tillers along a transect. This method effectively eliminates quantity bias and ensures precise infestation trend analysis, improving the efficiency and adaptability of stem borer monitoring, particularly in flooded rice zones and fields with tall rice tillers, where traditional methods proved challenging. Her research on rice stem borers and insect pests in her home country’s rice fields has had a major impact on pest management strategies and sustainable agriculture insights that are highly relevant to the United States, where similar pest infestations threaten rice production, the brief argued.

In fact, our client’s efforts not only enhance agricultural productivity and waste management but also mitigate pest proliferation through environmentally sustainable methods, as corroborated by distinguished professors 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.

Furthermore, the brief further argued that our client's findings extend beyond Africa, influencing rice farming strategies in the United States, particularly in Louisiana and Texas, where invasive species such as E. loftini, sugarcane borers, rice stalk borers, and Mexican rice borers pose serious threats to domestic rice production. We provided verifiable evidence showing that our client's research has been widely cited by notable researchers in different journals, reinforcing the importance of her contributions to global entomology. Some of her doctoral findings have been published in high-impact journals, including the Journal of Bioresearch and the Journal of Entomology. Her multiple citations showcase that her work has gained substantial recognition in the scientific community, the firm 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 — who currently serves as a lecturer and researcher at a prestigious tertiary institution in her home country — 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 advancing ecological pest management strategies and waste valorization in U.S. rice fields. 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 developing high-quality, sustainable agricultural solutions.

Furthermore, our client's proposed endeavor, which is within the field of applied entomology and pest management is at the interface of science, sustainable agriculture, food security and waste management; therefore, her proposed endeavor should be viewed through the lens of agricultural sustainability impact. The brief further argued that her proposed endeavor is of both substantial merit and national importance because, among other things, it will prospectively advance the rearing and utilization of Black Soldier Flies (BSF) (Hermetia illucens) to foster sustainable agriculture and waste management.

Additionally, the carefully written 70-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 94 exhibits, including evidence of publications, citations and awards.

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.

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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