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 highly distinguished and internationally recognized energy lawyer and advisor, the firm would like to provide more insights into this case.

Procedural history:

On May 19, 2025, the firm filed this original EB-2 (NIW) brief.

On May 21, 2025, USCIS confirmed receipt.

On June 23, 2025, USCIS requested for additional evidence (RFE).

On September 8, 2025, the firm responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).

On November 10, 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., his Green Card will be processed in the U.S. via the Adjustment of Status filing.

Here, our client has played a significant role in shaping energy project development, regulatory frameworks, and financing structures across multiple jurisdictions. We provided evidence showing that he has provided expert support on numerous other high-impact energy transactions. The brief further argued, inter alia, that his proposed endeavor — strengthening the United States’ energy resilience and national security through the development of robust legal policy and contractual frameworks for expanding centralized and decentralized energy projects and critical energy infrastructure — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance. By bolstering energy resilience through the development of legal, policy, and contractual frameworks, the U.S. can accelerate its journey toward long-term energy independence and stability.

In fact, our client’s proposed endeavor will potentially serve as a catalyst to mitigate the threats to our nation’s critical energy infrastructure (both in the private and public sectors); with his proven track record of success, including executing projects across multiple countries, our client is well positioned to advance the proposed endeavor, the brief argued. Energy disruptions pose significant threats to national security, necessitating strong legal and policy frameworks to promote investments in microgrids, hardened infrastructure, and on-site energy generation at military bases, 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 advised government regulators, international development agencies, and private energy developers on regulatory compliance, project development, and market expansion — 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: energy security.

Through his legal work, regulatory contributions, and thought leadership, our client has helped shape energy policy, enhance adoption of multiple energy sources, and drive infrastructure investment across multiple jurisdictions, reinforcing his commitment to advancing global energy sector. Providing verifiable evidence, the brief argued that our client’s past and current accomplishments, particularly in the structuring and development of off-grid energy projects across multiple countries, are clearly indicative of his future contributions.

Additionally, the carefully written 67-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, including a merit-based fellowship from an affiliated international agency, as well as evidence of contributing to national projects, showing that our client possesses an impressive record of success in his field of specialty. To support this brief, the firm submitted 64 exhibits, including evidence of membership in prestigious organizations, expert opinion letters from industry leaders and distinguished professors from multiple jurisdictions.

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 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 his 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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