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The Latest Winning Briefs: THREE EB-2 NIW PETITIONS APPROVED!

Client No.1: EB-2 (NIW) Approved for a Client in the Field of Artificial Intelligence.

Client No.2: EB-2 (NIW) Approved for a Client in the Field of Civil Engineering.

Client No.3: EB-2 (NIW) Approved for a Client in the Field of Environmental Engineering.

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented clients in the above-cited fields.

Our clients are from three different countries: Ghana, Nigeria and Poland.

Having shared this life-changing news with our clients who were super excited to hear that their EB-2 (NIW) petitions were approved by the USCIS, the firm would like to provide more insights into these cases.

All three cases were expedited using the premium processing option (USCIS charges a separate fee to adjudicate a case within 45 days). A quick adjudication has no bearing on the outcome of a case, so think twice before making that expensive decision. Have this discussion with your attorney.

Client No: 1: The first client is a nationally and globally known thought leader whose tremendous contributions to the emerging areas of artificial intelligence and digital innovation have earned him accolades and recognition from leading organizations and his peers. Our brief showed that his proposed endeavor — contributing to the advancements of artificial intelligence (AI) and digital innovations, with a specific focus on building datasets, models, and platforms that will develop more contextualized AI products — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: fostering technological innovation and addressing critical challenges in the field of AI and digital technologies. The firm submitted verifiable evidence showing that our client, an award-winning professional in AI research and digital innovations, has contributed to the broader AI research ecosystem through multiple global speaking engagement across top AI conferences, academic and professional conferences. A leader extraordinaire and trailblazer in the field of AI, the firm submitted evidence showing, among other things, his work on leveraging a large language model to answer critical questions in different sectors.

Client No. 2: The second client is a young, ambitious and a two-time recipient of the prestigious MasterCard Foundation scholarship. Our brief showed that his proposed endeavor — conducting and advancing research in the field of civil engineering, with a specific focus on developing and implementing innovative and efficient sustainable practices to build sustainable urban developments, particularly the improvement of water infrastructure in the United States — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: addressing water scarcity, enhancing environmental conservation, and fostering resilient urban development. The firm submitted verifiable evidence showing that our client, who played a pivotal role in the planning and design phases on multiple projects across the United States, is committed to making significant contributions to civil engineering in the United States. Our client's continued excellence has been acknowledged by a nationally recognized multi-disciplinary consulting firm. The verifiable evidence showed his active involvement in the design and implementation of critical water and wastewater infrastructure, laying the groundwork for sustainable living environments and ensuring the seamless integration of essential utilities. The verifiable evidence showed that client's expertise extends across various domains within civil engineering, encompassing critical areas such as erosion and sediment control design, storm water pollution prevention plan preparation, and utility design encompassing water, sanitary sewer, and storm infrastructure. Leading experts, both in the industry and academia, acknowledged his meticulous attention to detail and strategic approach to project management, ensuring a seamless integration of these components into cohesive project plans.

Client No. 3: The third client is an experienced and exceptional environmental engineer with over ten years of experience in waste management and environmental safety, and whose past hands-on experience include playing a crucial role as an environmental engineer on a critical power plant in Europe. Our brief showed that his proposed endeavor — contributing to the advancements in the fields of environmental engineering and waste management by analyzing, calculating, designing and developing pyrolysis process and technology to reduce plastic waste pollution, and developing innovative and sustainable methods for converting plastic waste into fuel — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: reducing plastic pollution, enhancing waste management, fostering environmental sustainability, converting plastic waste into biofuels and promoting a circular economy. The firm focused on our client's impressive educational achievements, technical skills, professional experience and accomplishments, and demonstrable abilities to contribute meaningfully to complex environmental projects. After the original petition triggered an RFE, the firm provided additional evidence contextualizing our client’s achievements, including his contributions to one of the biggest EV batteries producers in Europe, and an independent expert opinion letter showing that her past accomplishments would be a huge benefit for the United States.

By the way, an 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 drafting these briefs, the firm had multiple touchpoints with the clients. Understanding what a client does is very critical to filing an NIW brief.

Additionally, the carefully written briefs 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 these three briefs, aggregately, the firm submitted 270 exhibits.

As a matter of fact, save for one of the briefs, two of the legal briefs 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 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 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 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, we 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, and while waiting for the priority/final action date to kick in, our clients will continue their work in the areas implicated in the proposed endeavors. This is a big win for the amazing Team at the firm. Most importantly, this is a big win for our clients: 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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