09/02/2026
Wednesday, September 2, 2026
SUCCESS STORY! IN LESS THAN THREE MONTHS, EB-2 NIW APPROVED FOR A CLIENT IN THE FIELD OF MECHANICAL ENGINEERING! NO RFE!
The Law Office of Akintunde F Adeyemo, PLLC has successfully represented a client in the field of mechanical engineering (materials research). The petition was approved, bypassing the lengthy and restrictive permanent labor certification (PERM) process. This approval secures a clear pathway for our client to transition into Lawful Permanent Residency and continue his vital research within the domestic industrial base. This outcome highlights our firm's ability to translate complex scientific research into a compelling legal narrative that satisfies the rigorous standards maintained by the United States Citizenship and Immigration Services (USCIS).
Having shared this life-changing news with our client — an ambitious researcher and a doctoral candidate in mechanical engineering — who was super excited to hear that his EB-2 (NIW) petition was approved by the USCIS, the firm would like to provide more insights into this case.
Procedural history:
On June 1, 2026, the firm filed this original EB-2 (NIW) brief.
On June 1, 2026, USCIS confirmed receipt.
On June 22, 2026, the firm filed a request for premium processing.
On September 1, 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. NIW remains a highly competitive pathway, requiring definitive proof that an applicant's endeavors possess both substantial merit and national importance to the United States. 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, his Green Card will be processed in the U.S. via the Adjustment of Status filing.
Our client — whose highest level of education at the time of filing was a Master of Engineering (M.Eng) in Mechanical Engineering — has already built a strong research foundation through impactful federally funded work, national and international conference presentations, peer-reviewed publications, and technical innovations. His ongoing research specializes in the development of next-generation engineering materials and advanced manufacturing processes.
Inter alia, documenting his progressive accomplishments, which were independently corroborated, and connecting that to the national interest of the United States, the brief survived all the three prongs. For academic researchers and doctoral candidates who have not yet completed their terminal degrees, USCIS heavily scrutinizes whether the applicant is sufficiently well-positioned to advance the proposed endeavor and whether the work has a direct, macroscopic impact on the United States. Our team structured a comprehensive evidentiary petition that linked the client’s material synthesis research projects directly to critical U.S. national interests. We demonstrated how his advanced manufacturing processes and the next-generation of harsh-environment materials directly support national initiatives in aerospace efficiency, defense infrastructure, and industrial resilience.
The brief argued, inter alia, that his proposed endeavor (conducting and advancing research in advanced engineering materials, with a specific focus on developing next-generation materials for harsh-environment applications) will lead to projected future contributions by addressing issues that the United States has deemed to be of substantial merit and national importance. The United States’ advanced systems of the next decade will require materials that can simultaneously withstand harsh environments. Using verifiable evidence, the firm shows how the client’s proposed endeavor addresses this gap by developing an entirely new generation of materials that do not currently exist in the market. This program specifically targets three interconnected challenges of national importance: the need for high-performance polymeric composites that reduce toxic materials while enhancing mechanical performance; the requirement for tougher and more manufacturable ultra-hard ceramics for defense, energy, hypersonic, and space applications; and the need for faster and more systematic discovery of next-generation high-entropy ceramics.
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 proposed research has enormous consequences for the U.S. infrastructure, aviation, transportation and technology — 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 — materials research. Leveraging verifiable evidence, the brief explained that our client’s past and current accomplishments, including his ongoing research contributions to federally funded projects, are clearly indicative of his future contributions. The brief also showed that our client has maintained a relentless commitment to advancing materials research.
Additionally, the carefully written 42-page 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 his field of specialty. To support this brief, the firm submitted 67 exhibits, including, but not limited to, evidence of peer-reviewed journal publications, conference proceedings, judging the work of others, and independent expert evaluation letters from industry leaders validating the potential commercial and research benefits of the client's work.
As a matter of fact, there was no RFE request, for the legal 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 him 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: [email protected]
***FOR INFORMATIONAL PURPOSES ONLY. PAST SUCCESS DOES NOT INDICATE THE LIKELIHOOD OF SUCCESS IN ANY FUTURE LEGAL REPRESENTATION***
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