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 — a young, smart and promising space science engineer and researcher — the firm would like to provide more insights into this case.

Procedural history:

On March 26, 2025, the firm filed this original EB-2 (NIW) brief.

On March 28, 2025, USCIS confirmed receipt.

On April 21, 2025, the USCIS requested for additional evidence (RFE).

On July 7, 2025, the firm responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).

On September 8, 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 in the U.S., as in the case at hand, her Green Card will be processed in the U.S. via the Adjustment of Status filing.

Our client — whose professional trajectory has focused on space systems engineering, geospatial intelligence, and AI-integrated communication technologies — has worked across government space agencies, research institutions, and global industry-facing academic platforms, where she has contributed to the advancement of satellite communication infrastructure, emergency alert systems, and autonomous satellite networks. Her proposed endeavor aligns perfectly with the U.S. mission to drive innovation in space exploration and technology, the brief argued.

The brief further argued, inter alia, that her proposed endeavor — conducting and advancing research in the field of space science, with a specific focus on developing and designing a novel low-latency artificial intelligence-enabled satellite capability for satellite communication and space exploration — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance: addressing critical gaps in space-related technologies, which are increasingly central to defense, intelligence, and global leadership.

In fact, our client is a vital asset to the U.S. space sector, bringing groundbreaking research and expertise to the areas of space technology and international partnerships, as corroborated by distinguished professors and 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. With over a decade of experience in engineering and space systems, the firm provided verifiable evidence showing that our client has led major projects in both her home country and the U.S., including multiple projects managed by leading institutions. Her innovation helps strengthen America’s leadership in secure, next-generation space communication.

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 authored numerous research articles in peer-reviewed journals, with her latest work focusing on the applications of artificial intelligence in telecommunications — 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 — advanced satellite communication systems. Leveraging verifiable evidence, the brief explained that our client’s past and current accomplishments, including contributing meaningfully to federally funded projects, are clearly indicative of her future contributions. The brief also showed that our client has maintained a relentless commitment to advancing the United States' leadership in space exploration.

Additionally, the carefully written 75-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 100 exhibits, including evidence of advanced degree in her field of specialty, publications, leadership roles. Industry-leading certifications and professional affiliations.

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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