Blog Post

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented a client in the field of civil engineering.

Having shared this life-changing news with our client — a young and ambitious (first-generation) civil engineer who, based on verifiable evidence, has been involved in commercial, infrastructure and residential projects across multiple U.S states — 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 was filed on March 6, 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, his Green Card will be processed in the U.S. via the Adjustment of Status filing.

Our client — whose highest degree at the time of filing was a Master of Science degree in Civil Engineering —  has been recognized for his academic achievements, as well as his successful and meaningful contributions to the execution of environmentally friendly and sustainable building projects across the United States. By incorporating eco-friendly practices, utilizing green building materials, and embracing innovative technologies, our client’s proposed endeavor will potentially make a positive impact on the environment, the brief argued.

Inter alia, documenting his progressive accomplishments, which he accumulated in Africa and the United States, and connecting that to the national interest of the United States, the brief survived all the three prongs.

The brief argued, inter alia, that our client’s proposed endeavor — contributing to the advancements in the field of civil engineering by specifically focusing on simplifying technical engineering principles and driving the initiative of eco-friendly design aligned with environmental conservation and green space within land development projects — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: building climate resilient infrastructure, for instance. The firm argued that our client’s understanding of stormwater management practices will continue to be a crucial design skill in land development. This skill is essential for preserving the environment by protecting the nation's water bodies from pollution, flood, drought, and their ecosystems, addressing a rising national concern.

Ultimately, our client’s proposed endeavor strives to prospectively pave the way for a more sustainable, resilient, and efficient land development that positively impacts the quality of life (vis-à-vis greener and sustainable building construction) and the economic prospects of the United States. His expertise and achievements indicate his potential for continued impactful contributions, as corroborated by distinguished experts with first-hand knowledge of his contributions.

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 — who is working on noteworthy contributions to the sustainability of land development projects — 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 — sustainable land development. Our client’s core interests lie in the intricate realm of land development — a multifaceted process that transforms raw land into valuable and usable spaces for various purposes; our client’s passion for this field is palpable, evident in the meticulous attention he pays to site design, stormwater management, and infrastructure development engineering, the brief argued.

Through his diverse portfolio of projects, as corroborated by verifiable contemporaneous evidence, including engineering drawings, our client has consistently demonstrated a commitment to maximizing the potential of land, creating sustainable environments, the brief concluded, stating further that our client’s past and current accomplishments merit a national interest waiver.

 Additionally, the carefully written 34-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 59 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

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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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