EB-2(NIW) APPROVED FOR A CLIENT IN THE AREAS OF GEOSCIENCE AND ENERGY SUSTAINABILITY
THE LATEST WINNING BRIEF FROM THE LAW OFFICE OF AKINTUNDE F. ADEYEMO, PLLC: EB-2(NIW) APPROVED FOR A CLIENT IN THE AREAS OF GEOSCIENCE AND ENERGY SUSTAINABILITY
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 award-winning, highly trained and experienced geoscientist with decades of cognate experience in diversified energy — who was super excited to hear that her EB-2 (NIW) petition was approved by the USCIS, the firm would like to provide more insights into this case.
This case, which we filed on January 30, 2024 (USCIS confirmed receipt on February 1, 2024), was filed 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, her 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 Bachelor of Science degree in Geology, with decades of progressive experience in her field of specialty — has a strong geoscience experience that covers many basins both nationally and internationally. In fact, the firm provided verifiable evidence showing her significant contributions in the diversified energy sector, including how she collaborated across multi-disciplinary asset teams to enhance reservoir management and production optimization plans for different fields. In drafting the legal brief, we specifically focused on her demonstrable unique skills, wealth of experience, and huge accomplishments in the field. Her seasoned approach to resolving complex geoscientific challenges aligns seamlessly with the goals of the United States in advancing its energy independence and sustainability, the brief argued.
Inter alia, documenting her progressive experience, which she accumulated in different countries, and connecting that to the national interest of the United States, the brief survived all the three prongs.
The brief argued, inter alia, that her proposed endeavor — contributing to the advancements in the areas of geology and energy sustainability, with a specific focus on exploring alternative sources of green energy, including geothermal energy, reducing dependence on finite fossil fuel and elimination of greenhouse emissions — projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: reducing the nation's dependence on finite fossil fuels, aligning with the imperative national goal of combating climate change and providing insights and solutions that bolster the United States' position at the forefront of sustainable and environmentally conscious energy practices. The brief argued that our client’s proposed endeavor will, among other things, impacts a matter that the Biden-Harris administration has described as having national importance or/and is the subject of national initiatives: to reach net-zero emissions by 2050; clean energy transition, sectoral decarbonization, climate change and environmental sustainability.
With her past involvement in successful projects at a global energy company and other joint ventures, and extensive wealth of experience, as corroborated by distinguished experts with first-hand knowledge of her 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 — played a pivotal role in integrated opportunity generation studies using 3D/4D seismic data, petrophysical data, and production data for infill drilling at different locations — 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 these key areas — geoscience and energy sustainability. Leveraging verifiable evidence, including awards, publications, citations and conference proceedings, the brief explained our client’s past and current accomplishments, which include numerous successfully executed diversified energy sector projects, merit a national interest waiver.
Furthermore, our client's proposed endeavor, which is within the areas of geoscience and energy sustainability, is at the interface of science and health; therefore, her proposed endeavor should be viewed through the lens of advancing: (1). Renewable energy/energy independence; (2) Clean energy transition/diversified energy; (3) U.S efforts to combat climate change; and (4) Environmental health protection, the brief argued.
Additionally, the carefully written 45-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 her field of specialty. To support this brief, the firm submitted 86 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 her proposed endeavor has both substantial merit and national importance; (2) that she 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 she 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 her 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 her 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 her 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 and her beneficiaries: 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
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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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