Blog Post

Tuesday, December 5, 2023!

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented a client from Africa. 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 — an exceptional, ambitious, and first-generation transportation engineer at an American multinational transportation engineering company — 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 November 10, 2023 (USCIS confirmed receipt on November 14, 2023), 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 Science in Civil, Environmental and Sustainable Engineering (First-Class Honours), having previously earned a Bachelor of Science in Civil Engineering (First-Class Honours) — has received multiple awards. In fact, the firm provided verifiable evidence showing his significant contributions on multiple infrastructure projects, particularly in the design and implementation of the intelligent transportation system. For practitioners reading this, our client’s fact pattern mirrors the fact pattern in New York State Dept. of Transportation, 22 I&N Dec. 215 (Comm. 1998) (“NYSDOT”), which created the fatally flawed standard of review that was overturned by the Dhanasar Court. In drafting the legal brief, we specifically focused on his demonstrable unique skills and accomplishments in the field of civil and transportation engineering.

Inter alia, documenting his progressive accomplishments, which he accumulated in Africa and America, 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 — conducting and advancing research in the field of civil and transportation engineering, with a specific focus on the development of adaptive traffic management systems, exploring the creation of data integration platforms that enable seamless communication and data transfer between vehicles to infrastructure (V21) and vehicle to vehicle (V2V) systems — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: fostering technological advancements in the transportation industry, developing adaptability of autonomous vehicles with the existing transportation infrastructure, and developing adaptive traffic management systems.

With his other verifiable track record of successfully executing (and currently involved in) complex infrastructure projects across the United States, 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 — an engineer with exceptional dedication and technical expertise, who remains dedicated to driving positive change in the field of transportation engineering — 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 infrastructure. Leveraging verifiable evidence, the brief explained our client’s past and current accomplishments, which are at the forefront of transportation infrastructure design and development, are clearly indicative of his future contributions. The brief also showed that our client has maintained a relentless commitment to enhancing safety, efficiency, accessibility of the transportation system, and conducting research to integrate automated driving systems.

Furthermore, our client's proposed endeavor, which is within the field of civil and transportation engineering, is at the interface of science and technology; therefore, his proposed endeavor should be viewed through the lens of advancing future-ready infrastructure, contributing meaningfully to building innovative, sustainable, technology-enabled infrastructure at scale, the brief argued. The brief further argued, among other things, that his proposed endeavor will prospectively bridge the gap between the current transportation infrastructure and the futuristic transportation infrastructure for autonomous vehicles. The brief highlighted the implications of his proposed endeavor, which will, among other things, utilize adaptive traffic management systems to potentially advance the transportation sector of the United States, thereby decreasing emissions, contributing to environmental sustainability and helping the United States to meet its climate goals.

Additionally, the carefully written 39-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 72 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

#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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