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 transformational leader and well-recognized thought leader with a proven history of playing leading roles at globally recognized firms — 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 April 14, 2025 (USCIS confirmed receipt on April 16, 2025), was expedited using the premium processing option (USCIS charges a separate fee to adjudicate a case within 45 days). The quick adjudication has no bearing on the outcome of the 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 Business Administration — has established a record of cutting-edge contributions that have delivered significant economic impact across multiple industries vital to the U.S. national interest. In fact, the firm provided reliable and verifiable evidence to show that our client had spearheaded a pioneering project optimizing pricing models for large Volume Purchase Agreements with key semiconductor industry customers; that he also led a revolutionary program utilizing machine learning algorithms to optimize vendor negotiations; and that he demonstrated operational excellence by leading the development of an influential global pricing profitability toolkit that employed advanced dimensional data modeling through a star schema architecture processing 7TB of transactional data daily.

Also, we provided testimonials from industry leaders corroborating the fact that our client pioneered the use of machine learning-driven competitive intelligence systems that can ingest unstructured market data to derive actionable pricing insights, enabling companies to maintain optimal competitive positioning in rapidly evolving markets vital to the U.S. economic and technological leadership. Inter alia, documenting his progressive accomplishments, which he accumulated in America and abroad, 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 — developing a novel integrated Artificial Intelligence-driven pricing optimization system and data-driven decision-making tools for critical industries, including semiconductors, e-commerce, and logistics, and enabling American companies to allocate resources more effectively toward innovations that strengthen America’s technological leadership — 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 further argued that the field of strategic pricing optimization and financial modeling is increasingly crucial to U.S. economic competitiveness, particularly in industries deemed critical to national interests such as semiconductors, advanced manufacturing, logistics, and e-commerce. What makes this field exceptionally challenging, the brief argued, is the need to synthesize vast amounts of data, apply sophisticated analytical techniques, and translate insights into actionable business strategies all while navigating complex market dynamics and competitive pressures. Our client, whose past accomplishments in these pertinent areas have been clearly documented, has what it takes to undertake the proposed endeavor, the firm argued.

With his other verifiable track record of successfully executing (and currently involved in) projects that directly address these priorities by enabling more competitive pricing structures that help U.S. manufacturers expand domestic production capabilities, 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 verifiable accomplishments cut across different strategic industries — 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 — developing an integrated Artificial Intelligence-driven Pricing Optimization System for critical industries. 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 the field of strategic pricing optimization and data-driven decision-making.

Additionally, the carefully written 48-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 69 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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