Blog Post

Multiple Victories for Our Clients!

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented two clients — a highly accomplished power systems engineer; and the other client is an exceptionally brilliant researcher and engineer in intelligent transportation systems — who are currently residing in the United States. During the weekend, both approval notices were delivered to our firm’s address.

At the time of filing, one of the client’s highest level of education was Master of Science in Electrical Engineering, while the other client had a Master of Science in Civil Engineering. Both clients received their advanced degrees from well-known universities in the United States.

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.

Procedural history for the first case:

On November 12, 2025, the firm filed this original EB-2 (NIW) brief.

On November 14, 2025, USCIS confirmed receipt.

On January 6, 2026, USCIS approved the petition.

Procedural history for the second case:

On June 25, 2025, the firm filed this original EB-2 (NIW) brief.

On June 27, 2025, USCIS confirmed receipt.

On August 19, 2025, USCIS requested for additional evidence (RFE).

On October 30, 2025, the firm responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).

On January 5, 2026, USCIS approved the petition.

Both 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. Clients who are domiciled abroad will go through the consular processing.

For the first client in the field of electrical engineering, our 41-page brief argued, inter alia, that his proposed endeavor — contributing to the advancements of power and energy management, with a specific focus on the use of machine learning to develop, design and integrate scalable, next-generation distributed energy resource management systems and virtual power plant architectures — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: energy security.

At the time of filing, our client had contributed meaningfully to high-impact project of national importance, including a project funded by the U.S. Department of Energy (DOE). We provided verifiable evidence to show that his contributions advanced the DOE’s goal of building scalable connected community models that are capable of enhancing energy efficiency, decarbonization, and grid stability nationwide.

As a well-experienced professional in the field of distributed energy resource management and grid modernization, the extensive documentation will show that our client has led large-scale distributed energy resource management systems (DERMS) and virtual power plant (VPP) deployments for major U.S. utilities, particularly in renewable energy integration, grid optimization, and smart grid automation, for some of the largest electric power providers in the nation. Top industry leaders corroborated the fact that our client has been an integral contributor to delivering cutting-edge control and optimization solutions that support utilities in meeting their decarbonization and reliability mandates.

For the second client in the fields of civil engineering, our 56-page brief argued, inter alia, that his proposed endeavor — contributing to the advancements of national transportation safety and infrastructure resilience by developing and implementing AI-powered traffic systems and solutions that integrate emerging technologies, such as Connected and Autonomous Vehicles (CAVs), machine learning (ML), and the internet of things (IoT), into the United States’ legacy transportation infrastructure — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: roadway safety, efficiency, and sustainability.

Our client’s work encompasses impactful transportation projects, such as traffic signal designs, traffic operations analysis, signal timing plans and interconnect system design. We provided verifiable evidence showing that our client’s efforts contributed directly to the development of safer, smarter, and more efficient transportation networks.

Distinguished professors and experts corroborated his contributions on developing innovative tools and methodologies for collecting and analyzing freight and commercial vehicle operations crucial for long range freight planning. His research activities covered projects funded by the U.S. Department of Transportation and other national and state entities, demonstrating his exceptional abilities, expertise, and contributions in the critical areas of intelligent transportation systems and traffic engineering. The brief argued that, based on his technical expertise, coupled with his dedication to transformative outcomes, our client will continue making nationally significant contributions that only a small percentage of professionals in the transportation field can deliver.

Though the case triggered an RFE, the firm submitted another 33-page brief to analyze how his proposed AI-powered Traffic Safety System (AITSS) offers a transformative solution to the U.S. roadway safety crisis, integrating connected and autonomous vehicle technologies with real-time AI monitoring. USCIS agreed with the independent expert’s assessment that our client’s proposed endeavor will not only benefit the U.S. but also provide a framework for other nations to improve their own transportation safety.

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.

As a matter of fact, after responding to the RFE on the second case, both 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

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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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