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 — a forward-looking structural engineer and planner — the firm would like to provide more insights into this case.

Procedural history:

On May 14, 2025, the firm filed this original EB-2 (NIW) brief.

On May 16, 2025, USCIS confirmed receipt.

On January 6, 2026, the firm filed a request for premium processing.

On February 19, 2026, USCIS requested for additional evidence (RFE).

On May 6, 2026, the firm responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).

On July 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.

In both the United States and his home country, our client has been recognized for his exceptional work in urban transportation planning. The form provided evidence showing that his past accomplishments are clearly indicative of his likelihood of future success in similar endeavors. Our client continues his record of consistent success in the U.S., particularly in the public sector, serving as a traffic engineering consultant for a key government agency. The incontrovertible evidence demonstrates a consistent commitment to public safety, operational efficiency, and data-driven planning.

The firm provided credible and verifiable corroborating evidence showing that our client’s responsibilities have encompassed a wide range of impactful projects, including conducting traffic studies, such as operational, safety, and warrant studies; reviewing complex traffic design plans; and evaluating studies to assess their impact on roadway operations. The breadth of our client’s involvement across these projects reflects not only his technical expertise but also his ability to collaborate with multidisciplinary teams, interpret data with precision, and produce actionable insights that contribute to safer, more efficient transportation systems, the brief argued.

The brief further argued, inter alia, that his proposed endeavor — contributing to the advancements of transportation planning and engineering, with a specific focus on developing a modular, data-driven evaluation and decision-support framework for state and local transportation agencies — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance.

We explained the timeliness and of national significance of his proposed endeavor, arguing that agencies at local and state levels frequently face challenges in bridging data insights with infrastructure decisions, particularly in rapidly urbanizing regions. Our client’s innovative, systems-level approach is highly aligned with the current priorities of U.S. transportation planning, particularly in advancing sustainable and economically sound urban development and the wise use of our investments in infrastructure, the brief argued.

In support of his petition, and as required under the Dhanasar framework, our client’s extensive documentation includes: his verifiable and reliable academic credentials; a clearly articulated and adequately corroborated letter of introduction, which details his proposed endeavor plan and technical background in his field of specialty; documentation showing professional history; certifications; meritorious awards; testimonial letters; copies of his publications and other published materials, including citations; professional affiliations, contributions to the body of knowledge, record of success in related or similar efforts, as well as substantive progress towards achieving the proposed endeavor.

His petition was also meritoriously backed by distinguished experts from both the academia and industry, and these highly respected experts, upon review of client’s credentials, described his research in detail and attest to his deep expertise in transportation planning and engineering.

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 — interdisciplinary background (both civil and structural engineering), combined with his strong professional foundation, equips him extraordinarily well to undertake this project — 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 — transportation planning. Based on his technical contributions on multiple verifiable projects, the brief argued that his proposed endeavor has the potential to enhance the nation's transportation planning processes by promoting better investment strategies and aligning operational practices with the overarching goals of safety, mobility, and sustainability. His endeavor bridges the gap between theoretical transportation planning and practical policy implementation, ensuring that U.S. cities can proactively address mobility challenges, environmental concerns, and equitable access, the brief concludes.

Additionally, the carefully written 82-page combined briefs (including the RFE response) 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 92 exhibits.

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, our client is eligible to file for an adjustment of status application. 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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