Date of Decision: November 5, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Religious Activities and Education
Petitioner Information
Profession: Director of Religious Activities and Education
Field: Religious Activities and Education
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- The Petitioner provided substantial evidence demonstrating the Beneficiary’s advanced education, training, and experience in the field of religious activities and education, as specified on the ETA Form 9089.
- The Petitioner established its continuous ability to pay the proffered wage from the priority date up to the present.
Criteria Not Met:
Not applicable
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a Presbyterian church, seeks to employ the Beneficiary as a Director of Religious Activities and Education. The proposed endeavor involves overseeing religious activities, providing religious education, and supporting the spiritual growth of the congregation.
Substantial Merit and National Importance:
The Petitioner successfully demonstrated the substantial merit and national importance of the Beneficiary’s proposed endeavor. The activities and education provided by the Beneficiary are critical to the religious and spiritual well-being of the community.
Supporting Evidence:
The Petitioner provided comprehensive supporting evidence, including the ETA Form 9089, which detailed the Beneficiary’s qualifications and job duties. The evidence also included financial documents proving the Petitioner’s ability to pay the proffered wage.
Inconsistencies in Proposed Endeavor:
No inconsistencies were noted in the proposed endeavor.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any other supporting documentation:
The ETA Form 9089 and financial documents were key in supporting the Petitioner’s claims.
Conclusion
Final Determination: The appeal is sustained, and the petition is approved.
Reasoning: The Petitioner met the burden of proof by providing substantial evidence of the Beneficiary’s qualifications and the Petitioner’s ability to pay the proffered wage.
