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 yesterday.

Having shared this life-changing news with our happy client — an extraordinarily talented energy and finance law expert — the firm would like to provide more insights into this case.

Procedural history:

On January 30, 2025, the firm filed this original EB-2 (NIW) brief.

On February 3, 2025, USCIS confirmed receipt.

On March 7, 2025, the petition was upgraded to premium processing.

On April 4, 2025, the USCIS requested for additional evidence (RFE).

On June 6, 2025, the firm responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).

On August 13, 2025, the approval notice was delivered to the firm’s address.

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 outside the U.S., as in the case at hand, her Green Card will be processed through consular processing.

Our client — who has a proven track record of working on complex oil and gas deals for multinational companies — is undertaking a proposed endeavor in a critically important sector of the U.S. economy: the energy sector. She intends to enter the United States as an international lawyer and consultant, providing legal services to a wide range of stakeholders, such as energy developers, government agencies, and private oil and gas investors, with a focus on advancing the U.S. energy infrastructure.

The brief further argued, inter alia, that our client’s verifiable industry experience (including negotiating multimillion-dollar contracts, managing regulatory compliance, and navigating complex financial arrangements) will directly benefit U.S. firms in accelerating project timelines, reducing costs, and achieving compliance with federal and state energy policies. We provided verifiable evidence showing that our client’s accomplishments have positioned her ahead of her peers and she has proved over time that she is very valuable to the industry, and she is committed to making significant contributions to the growth of the industry.

In fact, on large-scale energy infrastructure projects, such as crude oil export terminals, LNG facilities, and energy storage system, our client has managed the drafting, negotiation, and execution of engineering, procurement, construction, installation, and commissioning agreements for both indigenous and international oil and gas companies, as corroborated by distinguished industry leaders with first-hand knowledge of her contributions; with her proven track record of success, 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 — whose academic and professional accomplishments have been recognized by top institutions in her home country — is the kind of talent that will advance the national interest of the United States. A first-class graduate of law, our client, who was also educated at a top university in the United States, is licensed to practice law in multiple jurisdictions, including the United States. With our client’s extensive experience in energy law, project finance, and infrastructure development, the brief argued that our client is uniquely positioned to contribute to U.S. national interest in the energy sector.

Leveraging verifiable evidence, the brief explained that our client’s past and current accomplishments are clearly indicative of her future contributions. The brief also showed that our client has maintained a relentless commitment to advancing energy development.

Additionally, the carefully written 72-page brief (including the 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 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 113 exhibits, including evidence of awards, professional licenses and industry-leading certifications.

After responding to the RFE, the 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

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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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