Blog Post

The Law Office of Akintunde F Adeyemo, PLLC has successfully represented a client from Africa. U.S. Citizenship and Immigration Services (USCIS) delivered the Approval Notice to the firm’s address yesterday.

Having shared this life-changing news with our client — an exceptional renewable energy and environmental law expert and a recipient of multiple merit-based awards — who was super excited to hear that her EB-2 (NIW) petition was approved by the USCIS, the firm would like to provide more insights into this case.

On September 28, 2023, the pending case, which was originally received by the USCIS on September 18, 2023, was upgraded to premium adjudication (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 clients who are in the U.S., as in the case at hand, their (petitioner’ and derivative beneficiaries’) Green Cards will be processed in the U.S. via the Adjustment of Status filing. For H-1B clients, as in the case at hand, on June 14, 2023, the USCIS revised the regulatory requirements at 8 CFR 204.5(p), allowing for employment authorization documents (EADs). In practice, unlike F-1 and other non-immigrant visa holders who have to wait for the priority/final action date to kick in, H-1B holders and their spouses may apply for EADs.

Our client — whose highest level of education at the time of filing was a Master of Laws from a prestigious American university — has consistently outperformed her peers. We submitted verifiable evidence showing that she has worked on several project transactions aimed at fostering the growth of the U.S renewable energy sector, particularly debt and tax equity financing transactions. With a clear understanding of the linkage between energy transition and financing, our client’s extensive background in developing renewable energy projects has the potential of supporting the U.S. goals of meeting growing energy needs of consumers for clean energy and environmental sustainability. The legal brief specifically focuses on her demonstrable unique skills and accomplishments in the field of renewable energy project financing and environmental law.

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 survives all the three prongs.

The brief argues, inter alia, that her proposed endeavor — contributing to the advancements in the fields of clean energy and environmental law, with a specific focus on developing a scalable and environmental policy framework for power and renewable energy project financing — will lead to projected future contributions by solving problems that the United States has deemed to be of substantial merit and national importance: to support the clean energy transition for a sustainable future mandate of the United States, and address the energy-pollution problem with a potential to increase renewable energy infrastructure and reduce carbon emissions.

With her other verifiable track record of successfully executing complex projects, our client is well positioned to advance the proposed endeavor, the brief argues.

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 argues that the client — who has acquired strong educational qualifications in the field of environmental law and renewable energy project financing — is the kind of talent that will advance the national interest of the United States.

Additionally, the carefully written 32-page brief cites, as well as analyzes, 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 submits verifiable evidence showing that our client possesses an impressive record of success in her energy law, environmental law and financing field. To support this brief, the firm submits 62 exhibits.

Furthermore, in her strategic role, our client has helped a top clean energy firm raise millions of dollars for the deployment of clean energy technologies through debt and tax equity transactions, demonstrating her unique understanding and considerable expertise in how to move major energy projects. The firm submits verifiable evidence showing that our client has qualifications, including outstanding academic awards, that are far superior to those required in the field of environmental law and renewable energy project financing. In fact, our client's work is crucial because it will significantly contribute to important initiatives of the U.S. government on renewable energy project financing, energy security, environmental protection and the deployment of new clean energy infrastructure, the brief argues.

As a matter of fact, there was no RFE request, for the legal brief survives all the three prongs of the analytical framework in the precedent decision Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016): (1) 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 establishes that she satisfies 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 argues, 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 focuses 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 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 and her family member (a derivative beneficiary): 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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