Date of Decision: February 22, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Theology
Petitioner Information
Profession: Senior Pastor
Field: Theology
Nationality: [Nationality]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Minimum Required Education:
The beneficiary’s possession of a master’s degree in divinity from South Korea, which has been evaluated as equivalent to a U.S. master of divinity degree.
Accreditation:
The university’s continuous accreditation since its founding in 1954 and since the establishment of its graduate school in 1980.
Criteria Not Met:
Ability to Pay Proffered Wage:
The petitioner failed to demonstrate the ability to pay the proffered wage of $31,699 per year from the petition’s priority date onward.
Misrepresentation:
Inconsistencies regarding the wages paid to the beneficiary and misrepresentation of the relationship between the petitioner and the beneficiary.
Key Points from the Decision
Proposed Endeavor:
The petitioner seeks to employ the beneficiary as a senior pastor, emphasizing his role in leading the church and providing spiritual guidance to the congregation.
Substantial Merit and National Importance:
The decision acknowledges the importance of the role of a senior pastor in a religious organization, yet the petitioner failed to establish that the beneficiary’s work has national importance or substantial merit beyond the immediate church community.
Supporting Evidence:
Educational Credentials:
Provided documentation and evaluations confirming the beneficiary’s educational qualifications.
Tax Returns and W-2 Forms:
Submitted IRS Forms 990-EZ, Forms W-2, and compensation checks, although there were inconsistencies and discrepancies in the financial evidence.
Inconsistencies in Proposed Endeavor:
The evidence provided did not consistently support the claimed ability to pay the proffered wage, and there were concerns about the validity of the labor certification and the clear availability of the job opportunity to U.S. workers.
Supporting Documentation
Letters of Intent:
Not applicable in this case.
Business Plan:
Not applicable in this case.
Advisory Letter:
Not applicable in this case.
Other Supporting Documentation:
Copies of monthly checks:
The petitioner provided copies of monthly checks issued to the beneficiary for compensation and housing allowance.
IRS Forms 990-EZ:
Short Form Returns of Organization Exempt From Income Tax for 2013, 2014, and 2015.
Conclusion
Final Determination:
The motion to reconsider was denied, while the motion to reopen was granted in part and denied in part. The appeal decision was affirmed, and the petition was ultimately denied.
Reasoning:
The petitioner’s new evidence on the motion established the beneficiary’s educational qualifications but did not demonstrate the petitioner’s ability to pay the proffered wage or the validity of the labor certification.
Download the Full Petition Review Here
In Re: C-K-B-C-
Document: FEB222017_01B5203.pdf
