Blog Post

A BIG CONGRATULATIONS!

This evening, we are thrilled to share a major milestone at The Law Office of Akintunde F Adeyemo, PLLC: our team has secured four EB-2 National Interest Waiver (NIW) approvals for exceptional professionals hailing from Malaysia, Mexico, Nigeria, and Ethiopia. The clients are in the following areas: Computer Science; Applied Physics and Materials Science; Management Information Systems; and Medicine.

While every immigration journey requires precision, this group of cases perfectly illustrates how processing paths can diverge. Three of our international clients sailed smoothly from filing to direct approval. However, one complex case faced a rigorous Request for Evidence (RFE) from USCIS. Navigating an RFE demands a smart legal strategy. By building a robust, evidence-backed response and submitting a supplemental brief with fresh evidence, our firm successfully defended our client’s endeavor, proving its profound impact on the national interest of the United States. Below is a comparative breakdown of how the firm shepherded these four distinct cases from initial filing to final approval.

The first client, an extraordinarily brilliant software engineer in the semiconductor industry, has continued to support the U.S. national interests by strengthening domestic semiconductor production and supply chains through her ongoing work at a globally recognized semiconductor company. Her work is at the intersections of emerging technologies, including artificial intelligence and machine learning, and semiconductor and chip manufacturing. At the time of filing, the client’s highest level of education was a Master of Science in Computer Science.

The second client, an innovative physicist and materials scientist focusing on biosensing for cancer diagnostics, is a recognized inventor who has earned a U.S. patent for her work. Her work contributes to the development of non-invasive diagnostic tools for detecting diseases such as cancer through tissue and saliva analysis. At the time of filing, the client’s highest level of education was a Master of Science in Applied Sciences (and she was a doctoral candidate in physics, too).

The third client, a technically savvy talent who is developing a multipronged artificial intelligence (AI) strategy, is one of the few extraordinary talents rethinking the application of emerging technologies, such as AI, to behavioral healthcare in the United States, a priority issue of national importance. Recognized as a rising star in her field, our client has been featured in the prestigious Harvard Business Review. Grounded in both technology and management, our client's expertise directly supports the development of coordinated, data-driven behavioral health ecosystems that move beyond retrospective reporting toward proactive, predictive operational models. At the time of filing, the client’s highest level of education was a Master of Science in Global Management.

The fourth client, a forward-looking physician-scientist who is proposing to continue conducting and advancing research in diagnostic medicine, contributed to an exemplary piece of epidemiological work that was published in The Lancet Oncology, one of the most prestigious medical journals in the world. His proposed work addresses a challenge encountered in practice every day: the consequences of diseases that were not identified early enough. At the time of filing, the client’s highest level of education was a Master of Public Health.

Procedural history:

Client One

• Original Filing: On April 24, 2026, the firm filed the original EB-2 (NIW) brief.

• Receipt Confirmation: On April 27, 2026 USCIS confirmed receipt of the petition.

• Expedite Upgrade: On July 6, 2026, the case was upgraded to premium processing.

• Adjudication: On September 15, 2026, the official approval notice was delivered to the firm’s address.

Client 2

• Original Filing: On March 20, 2026, the firm filed the original EB-2 (NIW) brief (premium processing).

• Receipt Confirmation: On March 24, 2026, USCIS confirmed receipt of the petition.

• Evidentiary Challenge: On May 11, 2026, USCIS issued a Request for Evidence (RFE).

• Firm Response: On July 23, 2026, the firm responded to the RFE, submitting a comprehensive supplemental brief and new, distinct evidence.

• Adjudication: On September 15, 2026, the official approval notice was delivered to the firm’s address.

Client 3

• Original Filing: On March 18, 2026, the firm filed the original EB-2 (NIW) brief.

• Receipt Confirmation: On March 20, 2026, USCIS confirmed receipt of the petition.

• Expedite Upgrade: On July 6, 2026, the case was upgraded to premium processing.

• Adjudication: On September 15, 2026, the official approval notice was delivered to the firm’s address.

Client 4

• Original Filing: On July 8, 2026, the firm filed the original EB-2 (NIW) brief (premium processing).

• Receipt Confirmation: On July 10, 2026, USCIS confirmed receipt of the petition.

• Adjudication: On September 15, 2026, the official 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 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. For clients who are domiciled abroad, they will go through the consular processing.

For the first client, our 34-page brief argued, inter alia, that her proposed endeavor —contributing to the advancements of semiconductor and chip manufacturing, with a specific focus on building intelligent systems (including predictive maintenance and machine learning models) to enhance data platforms, yield analytics and AI-driven manufacturing — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: a major supply shortage of semiconductors.

Having demonstrated a strong drive to learn state-of-the-art AI technologies and to apply deep learning methods to real-world applications, she exemplifies a rare combination of expertise spanning AI and semiconductor industry applications, making her well positioned to deliver sustained and meaningful contributions in the United States. Using verifiable documents, the brief showed her technical versatility in infrastructure automation; AI and security; operational efficiency; and a clear projection of the significant future benefits she will bring to the United States. Her petition was backed by, inter alia, evidence of technical project completion, professional experiences at other leading semiconductor companies, strong educational background (graduating with a perfect cumulative grade point average), and an award on a machine learning project.

For the second client, our 50-page brief argued, inter alia, that her proposed endeavor —conducting and advancing research in the field of applied physics and materials science, with a specific focus on developing more accurate non-invasive tests, and combined with designing and fabricating nanowire-based substrates with tailored metallic compositions, to amplify molecular signals and detect cancer biomarkers from saliva or tissue sample — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: early detection of diseases such as cancer.

With her strong background in conducting advanced research in both academic and national laboratory settings, including one in the United States, our client possesses a rare, triple-threat mastery of nanotechnology, cancer detection, and artificial intelligence. Her presence in the United States is therefore critical to advancing the U.S. national efforts in non-invasive, early-stage disease detection, the brief argued. To overcome the evidentiary burden, the firm provided extensive documentation detailing her impressive credentials: advanced research projects, education, patent, publications, citations and conference proceedings, prestigious awards, judging the work of others, professional memberships, and professional experience.

For the third client, our 48-page brief argued, inter alia, that her proposed endeavor — contributing to the advancements of behavioral health systems, with a specific focus on designing and implementing AI-driven tools for transforming fragmented and retrospective reporting systems into coordinated, analytics-informed operational environments that support early intervention, performance accountability, and responsible public resource utilization — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: mental health crisis.

Our client’s proposed endeavor holds substantial merit because, among other things, it advances the operational modernization of behavioral health systems through the design and implementation of AI-driven tools that enhance institutional capacity in a sector directly influencing public health outcomes, workforce participation, homelessness prevention, and federal healthcare expenditures, the brief argued. With a proven record of executing similar endeavors, the firm provided credible and verifiable corroborating evidence that illustrate her capacity to convert operational inefficiencies into structured, measurable system enhancements.

For example, one of the corroborating evidence shows that she contributed to public-sector modernization efforts, including work with a government entity, where she supported operational gap analyses and the design of an IT Asset Inventory Management application. The supporting documentation shows sustained intellectual engagement with her field through scholarly and analytical research, including publications on data driven decision-making, AI-assisted fraud detection, and institutional performance optimization. Our client's depth of understanding goes beyond routine operational execution, the brief concluded.

For the fourth client, our 45-page brief argued, inter alia, that his proposed endeavor — conducting and advancing research in diagnostic medicine, with a specific focus on the integration of artificial intelligence into radiology services, advancing early disease detection and improve healthcare outcomes for underserved and at-risk populations in the United States — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: healthcare innovation and chronic disease prevention.

Armed with a Doctor of Medicine degree and a Master of Public Health, our client's clinical training, public health expertise, and radiology residency uniquely position him to lead this work. The central challenge in global health is rarely the absence of technology; it is the absence of a systematic, evidence-based understanding of where tools are being deployed, where they are not, and why. The momentum our client has built — in his research relationships, his institutional affiliations, and his policy-oriented publications — took years to develop and is tied to the U.S. health system he is working to improve. Keeping him in the United States is in the best interest of the United States, the firm argued.

Our client's research is contributing to addressing this challenge with rigorous methodology and an analytical frame shaped by his public health training. Backed by strong and verifiable evidence, including publications in reputable journals, citations by his peers, conference proceedings, ongoing collaborations with prestigious institutions and leading scholars, our client has the capacity to undertake the proposed endeavor, the brief concluded.

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. To support all four briefs, the firm submitted 364 exhibits.

As stated in the opening paragraph, of the four filings, there was only an RFE for the second client, and the petitions 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, our clients are eligible to file for adjustment of status applications. 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, a big 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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