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 client — a young, brilliant, and first-generation post-doctoral fellow in mechanical and mechatronics engineering — who was super excited to hear that his EB-2 (NIW) petition was approved by the USCIS, the firm would like to provide more insights into this case.

This case, which the firm filed on June 14, 2024 (USCIS confirmed receipt on June 17, 2024), was approved on June 7, 2025. The petition was filed through the regular processing option. Also, prospective clients can choose the premium processing option, which the USCIS adjudicates within 45 days.

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 Doctor of Philosophy degree in Mechanical Engineering — has conducted groundbreaking research focused on enhancing the efficiency of solar thermal collectors through the innovative use of pulsating nanofluid-jet impingement cooling. In fact, the firm provided verifiable evidence showing that our client’s research has offered valuable insights into optimizing nanofluid compositions for maximum thermal performance. In drafting the legal brief, we specifically focused on his demonstrable unique skills and accomplishments in the field of mechanical and mechatronics engineering.

Inter alia, documenting his progressive accomplishments, which he accumulated at prestigious institutions in multiple countries, 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 — conducting and advancing research in mechanical engineering, with a specific focus on leveraging cutting-edge nanotechnology in heat transfer enhancement using experimental and computational fluid dynamics (CFD) approaches to develop and optimize innovative solutions for thermal management systems — 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 technologies, and bolstering national security through innovations in thermal management systems.

Our client’s innovative approach, utilizing hybrid nanofluids to enhance heat transfer, has significant implications for energy efficiency and sustainable development, particularly in critical applications like electronic cooling systems and solar thermal collectors, the brief argued. Our client’s contributions have been widely recognized through numerous high-impact publications, patents, and presentations at major scientific conferences. The firm also provided verifiable evidence showing that our client has also served as a reviewer for a prestigious journal, underscoring his standing in the academic community. Our client’s work not only meets these challenges but also offers novel solutions that significantly advance the field. Given his past achievements and his potential for future contributions, the brief argued that he will continue to make significant advancements that benefit the United States.

With his other verifiable track record of successfully advancing research in mechanical engineering, 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. By exploring the synergistic potential of nanomaterials, particularly those coated through Atomic Layer Deposition, in enhancing thermal management systems across various industries, our client is poised to make significant contributions to both academia and industry, with a vision of creating more efficient and environmentally friendly thermal systems.

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 exemplifies the kind of innovative and impactful research that significantly contributes to the national interest of the United States — 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 — leveraging cutting-edge nanotechnology in heat transfer enhancement using experimental and computational fluid dynamics. 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 advancing mechanical engineering and addressing critical challenges in energy and sustainability.

Additionally, the carefully written 38-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 88 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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