Blog Post

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented a client in the above-cited field. The U.S. Citizenship and Immigration Services (USCIS) delivered the Approval Notice to the firm’s address this morning.

Having shared this life-changing news with our happy client — a young and ambitious researcher who worked as one of the investigators on a United States Environmental Protection Agency-sponsored research project — the firm would like to provide more insights into this case.

This case, which the firm filed on March 5, 2024 (USCIS confirmed receipt on March 7, 2024), was later 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, 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 Master of Science degree in Civil and Environmental Engineering — is also currently working on a research project funded by the U.S. Department of Energy. In fact, the firm provided verifiable evidence showing her ongoing research contributions to developing a novel process for microbial community development for wastewater treatment applications. In drafting the legal brief, we specifically focused on her demonstrable research skills and accomplishments on the recovery of energy (both hydrogen and methane) from high strength waste.

Inter alia, documenting her progressive accomplishments, which she 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 her proposed endeavor — conducting and advancing research in the fields of civil and environmental engineering, with a specific focus on the recovery of energy valuable resources from industrial food and beverage wastewater through the encapsulation of microorganisms, as well as developing innovative technologies to sustainably manage wastewater — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: combatting climate crisis and advancing sustainable wastewater treatment.

With her other verifiable track record of successfully undertaking complex scientific research and collaboration with we corroborated by distinguished professors and industry leaders with first-hand knowledge of her contributions, our client is well positioned to advance the proposed endeavor, the brief argued. The innovative approach she brings to her research distinguishes her as a promising scholar making significant contributions. The brief further provided verifiable evidence showing that the unique encapsulated microbial seed, which was developed by our client, is currently being deployed on a pilot-scale system at a leading global water technology provider in the United States.

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 has developed skills that are in very high demand in the environmental engineering professional space — 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 — industrial wastewater treatment. Leveraging verifiable evidence, the brief explained that our client’s past and current accomplishments are clearly indicative of her future contributions.

Furthermore, our client's proposed endeavor, which is within the fields of civil and environmental engineering, is at the interface of science, technology and health, the brief argued. The brief further argued, among other things, that her proposed endeavor will develop innovative technologies for the effective treatment of industrial food and beverage wastewater. The brief highlighted the implications of her proposed endeavor, which will, among other things, meaningfully contribute to the U.S. effort to promote water security and environmental sustainability.

Additionally, the carefully written 35-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 83 exhibits, including multiple merit-based scholarship awards.

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: 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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