Two EB-2 (NIW) Cases Approved: Both Clients Are in the Field of Civil Engineering.
The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented two clients — a young, smart and ambitious civil and structural engineer at a global engineering company, where he has worked on various engineering projects across the country; and the other client is an exceptional civil engineer/renewable energy expert, who has played a leading role on the Department of Energy (DOE) Community Power Accelerator (CPA) Grant for the Green Energy Justice Cooperative — who are currently residing in the United States.
At the time of filing, both of the clients’ highest level of education was Master of Science in Civil Engineering. Both clients received their advanced degrees from well-known universities in the United States.
Having shared the 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.
One of the cases was filed on April 23, 2024 (USCIS confirmed receipt on April 26, 2024; the case was approved on May 6, 2024), while the other case was filed on September 14, 2023 (USCIS confirmed receipt on September 15, 2023; subsequently, the case was upgraded to premium processing, and it was approved on May 3, 2024). USCIS charges a separate fee to adjudicate a case within 45 days). A quick adjudication has no bearing on the outcome of an immigration petition, 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 clients who are in the U.S., once the priority/final action date kicks in, their Green Cards will be processed in the U.S. via the Adjustment of Status filing.
For the first client, our 35-page brief argued, inter alia, that his proposed endeavor — contributing to the advancements in the field of civil and structural engineering by focusing specifically on the development and implementation of energy-efficient structures within the Engineering, Procurement, and Construction Management (EPCM) services, a critical area for advancing sustainability in industrial projects — will potentially solve problems that the United States has deemed to be of substantial merit and national importance: reducing energy usage and promoting energy management practices. Our client, who graduated among the top 10% of his class, has a solid grasp of engineering principles and a keen ability to apply them effectively, particularly the Computer Aided Structural Design, which is a pivotal element in advancing sustainable design, primarily by optimizing material consumption, minimizing waste, and elevating structural efficacy. The brief further provided corroborating evidence showing that our client has worked on various engineering projects taking responsibilities for the analysis and design of steel pipe racks, concrete foundations, and its anchorage to provide critical support for pipes and cable trays.
For the second client, our 33-page brief argued, inter alia, that his proposed endeavor — conducting and advancing research in the field of civil and environmental engineering, with a specific focus on facilitating the clean energy transition and decarbonization of the U.S. energy and power infrastructure — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: facilitating and promoting clean energy projects, and the deployment of clean energy infrastructure. Our brief focused on his meaningful contributions on government-sponsored projects, including those sponsored by the U.S Department of Energy (geothermal pilot project), and the U.S. Environmental Protection Agency (lead pipe replacement, and green infrastructure and stormwater management), highlighting how he has been facilitating projects that will potentially lead to the improvement of the lives and economies of the critical mass of low-and moderate-income communities.
In drafting these briefs, the firm had multiple touchpoints with the clients. Understanding what the clients do is very critical to filing NIW briefs. Additionally, our carefully written briefs 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 a matter of fact, there was no RFE request, for their 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) 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 met 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, the legal analysis 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 date to kick in, our clients will continue their research in the areas implicated in their proposed endeavors. This is a big win for the amazing Team at the firm. Most importantly, this is a big win for our clients and their derivative beneficiaries: a step closer to the American dream.
Again, congratulations to our clients!
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***
***ATTORNEY ADVERTISING***