Blog Post

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 last Friday.

Having shared this life-changing news with our client — a well-published chemist and a recipient of prestigious awards and fellowships from international institutions in his field of study — 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 the firm filed on January 8, 2024 (USCIS confirmed receipt on January 10, 2024), was filed using regular processing. However, prospective clients can expedite their petitions 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.

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 a client who is outside the U.S., as in the case at hand, his Green Card will be processed through consular processing (i.e., through a U.S. embassy at the client’s country or country of residency).

Our client — whose highest level of education at the time of filing was a Doctor of Philosophy in Chemistry — is a materials scientist interested in the synthesis, characterization, and potential applications of new materials with a variety of physical, chemical, electrical, and magnetic properties. In fact, the firm provided verifiable evidence showing his well-cited publications and awards. In drafting the legal brief, we specifically focused on his demonstrable unique research skills and accomplishments in the area of lithium-ion battery research.

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

The brief argued, inter alia, that his proposed endeavor — conducting and advancing research in the field of materials chemistry, with a specific focus on the development and characterization of high-performance electrode materials for lithium-ion batteries (LIBs) and other energy storage systems (ESS) — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: enhancing energy storage capabilities, promoting sustainable technologies, and addressing critical challenges in powering the nation’s technological infrastructure.

With his other verifiable track record of successfully improving the electrochemical performance of energy storage systems like lithium-ion and post-lithium batteries, as corroborated by distinguished professors and industry leaders with first-hand knowledge of his 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 — who has a commendable publication record, shown distinctive abilities to attract grants and has made significant contributions to wider professional activities, notably in outreach, paper/grant reviewing and promoting science — 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 — lithium-ion battery research. Leveraging verifiable evidence, the brief explained that our client’s past and current accomplishments, which are critical to the next-generation battery technology and alternative chemistries, are clearly indicative of his future contributions. The brief also showed that our client has maintained a relentless commitment to providing new perspectives for rational design of high energy LIBs cathode materials with good structural stability thereby ensuring longer battery life.

Furthermore, our client's proposed endeavor, which is within the field of chemistry, is at the interface of science and technology; therefore, his proposed endeavor will, inter alia, potentially lead to the development of recyclable lithium-ion battery materials in a cost-effective and eco-friendly manner, which will enhance environmental sustainability, reduce emissions, and make the environment safer for all Americans., the brief argued. The brief further argued, among other things, that his proposed endeavor will potentially mitigate concerns related to electric vehicles (EVs) and portable electronic devices that depend on lithium-ion batteries. The brief highlighted the implications of his proposed endeavor, which will, among other things, make substantial contributions to lithium-ion battery technology.

Additionally, the carefully written 48-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 162 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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