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 happy client — who has established himself as an expert in sustainable geotechnical and pavement engineering — the firm would like to provide more insights into this case.

Procedural history:

On July 17, 2025, the firm filed this original EB-2 (NIW) brief.

On July 21, 2025, USCIS confirmed receipt.

On September 5, 2025, USCIS requested for additional evidence (RFE).

On November 19, 2025, the firm responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).

On January 22, 2026, 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, his Green Card will be processed in the U.S. via the Adjustment of Status filing.

Our client’s work in Microbial-Induced Calcite Precipitation (MICP), a biologically driven ground improvement technique, and geocell reinforcement will potentially improve pavement base stability in federal and state highway networks. Our client’s goal of supporting more resilient and cost-effective transportation infrastructure across the United States will bring tangible benefits to the United States. Our client’s expertise in soil-structure interaction, subsurface behavior, and green infrastructure uniquely positions him to solve pressing challenges that affect public safety, infrastructure longevity, and climate adaptation. Very few engineers possess such a blend of field-tested innovation, academic rigor, and community leadership at this stage in their career. During the course of his career, our client has demonstrated his ability to translate laboratory innovations into large-scale field implementation. It would be both impractical and counterproductive to the interests of the U.S. to allow such talent and commitment to benefit another country, the brief argued.

The brief further argued, inter alia, that his proposed endeavor — conducting and advancing research in the field of civil engineering, with a specific focus on the development and large-scale implementation of a novel ground improvement approach: the use of Microbial-Induced Calcite Precipitation (MICP) in combination with geocell reinforcement to stabilize native high-fines soil in pavement subbases — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: infrastructure development. His work directly addresses these challenges, with potential benefits including extended pavement service life, and minimized material use. The evidence further shows that our client has independently conducted field investigations, geotechnical analyses, and design recommendations on multiple projects, including government-funded projects.

In fact, our client’s qualifications, proven success, and ongoing contributions position him to continue making significant impacts in the field of civil and geotechnical engineering, as corroborated by distinguished professors with first-hand knowledge of his contributions. As roads, bridges, and transportation corridors age, innovative solutions, like those proposed by our clients, are urgently needed to reduce environmental impact, enhance resiliency, and ensure cost-effective infrastructure delivery. The field of geotechnical engineering is highly technical, demanding expertise in microbiology, soil mechanics, geosynthetics, and construction methods. Our client has mastered these areas and has demonstrated a rare capacity to apply them in complex real-world settings, 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 our client — whose contributions are already evident, and his future endeavors promise even greater national benefit in infrastructure innovation and environmental stewardship — 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 — the use of Microbial-Induced Calcite Precipitation (MICP) in combination with geocell reinforcement to stabilize native high-fines soil in pavement subbases. 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 sustainable engineering.

Additionally, the carefully written 73-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 his field of specialty. To support this brief, the firm submitted 65 exhibits, including evidence of engineering projects, research support and educational qualifications in both civil and geotechnical engineering.

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 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 his 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

#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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