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 vibrant, innovative, and outstanding researcher — the firm would like to provide more insights into this case.

Procedural history:

On September 24, 2023, the firm filed this original EB-2 (NIW) brief.

On September 26, 2023, USCIS confirmed receipt.

On October 24, 2024, USCIS requested for additional evidence (RFE).

On January 10, 2025, the firm responded to the RFE request, submitting a supplemental brief and new evidence (you cannot submit the same evidence).

On October 13, 2026, 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 — who has a unique combination of skill sets in core engineering system (that includes Artificial Intelligence, AI, system implementation) development and also management of processes with applications in food waste system design and management — is bridging the divide between industrial and systems engineering and agriculture by harnessing cutting-edge tools such as mathematical modeling and AI. The brief provided verifiable evidence showing that our client’s work has consistently revolved around the optimization of agricultural processing and storage engineering practices, with the overarching goal of reducing food waste and enhancing food security and safety.

The brief further argued, inter alia, that her proposed endeavor — conducting and advancing research in the areas of agricultural engineering and industrial engineering, with a specific research focus on developing sustainable solutions that can minimize perishable food waste — will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance.

Her endeavor will have a positive impact on the economy because work in food waste prevention often leads to increased revenue for companies, the creation of jobs, and a more sustainable environment. The immediate need for food waste prevention is reflected in industry happenings and current government initiatives. The U.S. Department of Agriculture is currently exploring ways to reduce the waste of vegetables and fruits and how to prevent food from being unharvested or not sold due to issues such as refrigeration infrastructure. Our client's endeavor would contribute to and advance these national priorities and do so in ways that are unique based upon her academic background in various engineering fields and her past and current research projects, the brief argued

In fact, her accomplishments, including a prestigious recognition during a leading industry event, are credible and supported by official documentation, including her professional affiliations, certifications, publications, conferences/workshops, professional history, and testimonial letters from distinguished professors with first-hand knowledge of her contributions. With a strong background as an educator at an institution of higher learning, coupled with her ongoing doctoral work in industrial and systems engineering in the United States, 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 — who is well grounded in the theories of processing and storage of agricultural products and their applications — is the kind of talent that will advance the national interest of the United States. Her skill in this field has led to sustained success in various published and unpublished peer-reviewed research that has informed post- harvest management, food security, and safety.

Based on our understanding of the client’s work, the brief focused on these key areas — 1. Minimize food waste. 2. Promote food security. 3. Enhance nutrition and food safety for the healthy living of all Americans. 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 address the pressing challenge of food loss and waste in the perishable food supply chain, a critical issue in the United States and globally.

Additionally, the carefully written 54-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. Assertions are not evidence. 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 112 exhibits.

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, our client is eligible to file for an adjustment of status application. 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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