Date of Decision: May 19, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Religious Education
Petitioner Information
Profession: Christian Elementary School Teacher
Field: Religious Education
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: Not specifically addressed as met in this decision.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show that the Beneficiary was well-positioned to advance the proposed endeavor.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The evidence provided did not sufficiently demonstrate the national interest in the Beneficiary’s contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to employ the Beneficiary as a Christian elementary school teacher.
Substantial Merit and National Importance:
The decision did not specifically address the substantial merit and national importance of the proposed endeavor.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner failed to show that waiving the labor certification requirement would benefit the United States.
Supporting Evidence:
The petitioner submitted the Beneficiary’s academic credentials, including a master’s degree from a religious education institution, but the degree was not from an accredited institution at the time of completion.
Inconsistencies in Proposed Endeavor:
The evidence provided did not support the Beneficiary’s qualifications as meeting the minimum educational requirements for the advanced degree classification due to the lack of accreditation at the time the degree was completed.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Not provided.
Any Other Supporting Documentation:
The petitioner submitted academic transcripts and a Certificate of Graduation, but these were insufficient to establish the Beneficiary’s eligibility.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that the Beneficiary had the necessary qualifications from an accredited institution or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support the petitioner’s claims.
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