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THE LATEST WINNING BRIEF FROM THE LAW OFFICE OF AKINTUNDE F. ADEYEMO, PLLC

I am happy to share that my law firm has successfully represented a client in the field of environmental law. USCIS delivered the Approval Notice to my address last night.

Having shared this life-changing news with my client (a researcher and lawyer in the field of environmental law), who was super excited to hear that his EB-2 (NIW) petition was approved by the U.S. Citizenship and Immigration Services (USCIS), I would like to provide more insights into this case.

Procedural history:

On November 8, 2022, I filed this original EB-2 (NIW) brief.

On January 18, 2023, USCIS requested for additional evidence (RFE). Ouch! Client was worried; while an outright win is always good, some cases go all the way to the Administrative Appeals Office. As an immigration lawyer, I represent my clients at every stage.

On April 5, 2023, I responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).

On June 5, 2023, I received the approval notice (USCIS actually mailed the notice on May 30, 2023).

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 my clients who are in the U.S., as in the case at hand, his Green Card will be processed via the Adjustment of Status filing.

My young and ambitious client, whose highest level of education at the time of filing was a Doctor of Juridical Science (S.J.D.), had ZERO citation, but his well-researched doctoral dissertation work is broad enough to implicate an activity — gas flaring (the burning of natural gas associated with oil extraction) — that significantly contributes to greenhouse gas emissions, and it is in U.S. national interest to remain the world's leader in solving environmental problems such as gas flaring, my brief argues. My legal brief focused on the substantial merit and national importance of his proposed endeavor.

Armed with multiple advanced degrees in environmental law, a breathtaking doctoral dissertation with practical implications, research experience and a unique global perspective of the issues, my client is well positioned to advance the proposed endeavor, my brief argues. By developing theoretical assumptions, recommending multijurisdictional solutions and designing empirical research concerning the various multilateral treaties and other environmental instruments, his work will prospectively support the U.S. efforts to achieve its climate commitment to cut greenhouse gases (GHG) emissions, my brief argues.

The first brief did NOT survive ALL three prongs. Yes, it was that brutal, but I was able to reinforce my arguments in the RFE brief. By supplementing the brief with additional evidence, the RFE brief further corroborates that the proposed endeavor — conducting research on the intersections of environmental degradation, host countries’ oil and gas climate initiatives and the effectiveness of multilateral environmental treaties — merits a national interest waiver.

My brief argues, inter alia, that his proposed endeavor would be of both substantial merit and national importance by advancing the national interest of the United States: decarbonizing the world’s energy systems.

For instance, by examining Nigeria’s national laws in the area of oil and gas (e.g., Petroleum Industry Act, PIA), and highlighting the inherent weaknesses in those laws, his proposed endeavor will be able to demonstrate the potential pathologies embedded with the PIA. The United States is interested in how petrostates, including those in African countries, are codifying, operationalizing and executing the Clean Development Mechanism (CDM), as defined in Article 12 of the Kyoto Protocol, my brief argues. Because the United States is seriously interested in this type of research, coupled with my client's impressive scholarship in the field of environmental law (as meritoriously and objectively supported by a distinguished and internationally recognized professor of practice from Harvard), my client's work will prospectively contribute to certain aspects of the climate crisis, my brief argues. Moreover, using his deep understanding of different international environmental instruments and multilateral environmental agreements, his endeavor will potentially suggest how the international community, which consists of multiple countries that are signatory to some of its multilateral agreements, can incentivize and punish those who are flagrantly polluting the environment.

In drafting this brief, I had multiple touchpoints with the client. Understanding what the client does is very critical to filing an NIW brief. My client’s proposed endeavor will prospectively contribute to achieving near zero methane emissions, which is consistent with the Paris Agreement, Kyoto Accord and other multilateral agreements.

Furthermore, my painstakingly written RFE 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 lawyer that understands all the nuances of the law. Before I draft every brief, I 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 this initial brief, I submitted 50 exhibits, with additional 26 exhibits to support the RFE.

Like I previously mentioned, the initial brief did not survive all the three elements of the Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016): (1) 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.

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. In my own opinion, this is the trickiest legal analysis under the Matter of Dhanasar. Having read a lot of denied cases via the Administrative Appeals Office, I usually consider the third prong as equally important as the first two prongs. Here, my legal analysis focused on three of the factors enumerated by the Dhanasar Court: (1) whether, in light of the nature of my client’s qualifications or proposed endeavor, it would be impractical either for my 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 my client’s contributions; and (3) whether the national interest in my client’s contributions is sufficiently urgent to warrant forgoing the labor certification process. I answered in the affirmative. Let me stop there, for now. I don’t want to bore you with the analysis. You can read more about my analysis of 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, my client is looking forward to advancing the best interest of the United States. This is a big win for my client: a step closer to the American dream.

Again, congratulations to my 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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