U.S. Citizenship and Immigration Services

MATTER OFT-I-C-C, INC.

Non-Precedent Decision of the Administrative Appeals Office

DATE: NOV. 30, 2017

APPEAL OF CALIFORNIA SERVICE CENTER DECISION

PETITION: FORM I-129, PETITION FOR NONIMMIGRANT WORKER

The Petitioner, a mosque, seeks to classify the Beneficiary as a nonimmigrant religious worker to perform services as an associate imam. See Immigration and Nationality Act (the Act) section 101(a)(l5)(R), 8 U.S.C. § 110l(a)(l5)(R). This nonimmigrant classification allows non-profit religious organizations, or their affiliates, to temporarily employ foreign nationals as ministers, in religious vocations, or in religious occupations in the United States.

The Director of the California Service Center denied the petition, concluding that the record did not establish that the Petitioner had credibly attested to the membership size of the organization on the R-1 Classification, Supplement to Form 1-129. Specifically, based on the negative findings of a 2009 U.S. Citizenship and Immigration Services (USCIS) site visit at the petitioning organization. the Director found that the attestation appeared to substantially overstate the size of the mosque's membership. The Director denied the petition, determining that the evidence of record did not demonstrate that the Beneficiary was eligible for classification as a nonimmigrant religious worker.

On appeal, the Petitioner submits evidence and an explanation regarding the size of its congregation. The Petitioner has resolved the inconsistencies regarding the size of its congregation. However, statements made by the Petitioner and the Beneficiary to the inspecting officer during a June 2017 visit were inconsistent with evidence attested to in the petition regarding the Beneficiary's prospective employment as a minister. We issued a notice of intent to dismiss (NOID), providing the Petitioner with an opportunity to submit additional evidence to rebut the information discussed therein in order to resolve the noted inconsistencies in the record with independent. objective evidence pointing to where the truth lies. Matter q{Ho, 19 I&N Dec. 582,591-92 (BIA 1988). /')ee also 8 C.F.R. § 103.2(b)(l6)(i). In response, it maintains that the Beneficiary will be employed in a qualifying capacity as a minister.

Upon de novo review, we will dismiss the appeal.

Matter c?f T-1-C-C-, Inc.

I. LAW

Non-profit religious organizations may petition for foreign nationals to work in the United States for up to five years to perform religious work as ministers, in religious vocations. or in religious occupations. The petitioning organization must establish that the beneficiary has been a member of a religious denomination for at least the two-year period before the date the petition is filed. See generally section 101(a)(l5)(R) ofthe Act.

The Petitioner must establish that the Beneficiary will be working at least 20 hours per week in a religious occupation. The regulation at 8 C.F.R. ~ 214.2(r)(l) provides. in pertinent part, that the Beneficiary must:

(ii) Be coming to the United States to work at least in a part time position (average of at least 20 hours per week);

(iii) Be coming solely as a minister or to perform a religious vocation or occupation as defined in paragraph (r)(3) of this section (in either a professional or nonprofessional capacity);

The regulation at 8 C.F.R. § 214.2(r)(7) requires that an authorized official of the petitioning entity must complete and sign an attestation on R-1 Classification, Supplement to Form 1-129. and submit it with the petition. The petitioner must attest to 11 factors, each designed to assist USCIS in determining, among other things, whether the foreign national included on the Form I-129 is coming solely to work as a minister, or in a religious vocation or occupation, that she or he is qualified for the position, and that the job offer is legitimate. 1

The regulation at 8 C.F.R. § 214.2(r)(16) states:

Inspections, evaluations, ver~ficalions. and compliance reviews. The suppot1ing evidence submitted may be verified by USCIS through any means determined appropriate by users. up to and including an on-site inspection of the petitioning organization. The inspection may include a tour of the organization's facilities. an interview with the organization's officials, a review of selected organization records relating to compliance with immigration laws and regulations, and an interview with any other individuals or review of any other records that the users considers pertinent to the integrity of the organization. An inspection may include the organization headquarters, or satellite locations, or the work locations planned for the applicable employee. If USCIS decides to conduct a pre-approval inspection, satisfactory completion of such inspection will be a condition for approval of any petition.

1 See Special Immigrant and Nonimmigrant Religious Workers Proposed Rule. 72 Fed. Reg. at 20442-01, petitioner attestation requirements adopted without change in the final rule, 73 FR 72276-0 I.

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II. ANALYSIS

A. Congregation Size Attestation

The regulation at 8 C.F.R. § 214.2(r)(8)(iii) require the Petitioner to attest to the size of its congregation within the Form I-129. The Petitioner attested that the mosque i1ad 1.000 members in its organization. and currently employs two individuals. a full time imam, and a part time worker. A membership listing provided in response to the Director's request for evidence contains the names of 403 persons.

On appeal, the Petitioner explains that the membership list only notes the names of the head of household for each family at the mosque, and that the listing reflects a congregation of over 1.000 members, based on the average size ofthe families. The purpose ofthe attestation requirements is to aid USCIS in determining whether the eligibility requirements at I 01 (a)(15)(R) of the Act and 8 C.F.R. § 214.2(r) have or will be met. The Petitioner's statement on appeal and other evidence in the record when considered in totality have overcome the basis for the Director's denial regarding its congregation size.

B. Qualifying Ministerial Position

To be eligible for the R-1 classification, the Beneficiary must be employed in a ministerial capacity for at least 20 hours per week. 8 C.F.R. § 214.2(r)(l)(ii). The regulation at 8 C.F.R. § 214.2(r)(8)(ix) also requires the Petitioner to attest to this within the Form I-129. Further, 8 C.F.R. § 214.2(r)(3) states that any religious worker must be, ''engaged in and, according to the denomination's standards. qualified for a religious occupation or vocation, whether or not in a professional capacity. or as a minister... In this case, the Petitioner attested that the Beneficiary will ''lead the prayers and all of the religious activities of the [ m ]osque. [He will also] develop and implement educational and community programs.'' It provided a chart, outlined below. of his proposed duties and their associated weekly time commitment to show that he will be employed for at least 35 hours per week as an associate Imam.

Duties of Associate Minister Hours per Week Lead daily prayers at the Mosque. 7 Deliver Khutbah (public preaching in the Islamic tradition) and 7 lead prayers for Jumu'ah. Lead the Taraweeh [p ]rayer in Ramadan. Only during

Ramadan. Lead Eid [p ]rayers and deliver Khutbahs. Only on Eid. Provide funeral services and guidance. As needed Hold [ m ]arriage counseling sessions with prospective As needed. couples pnor to ceremomes. Conduct matrimonial services.

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Offer Islamic family and youth counseling and guidance 5

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Matter (?fT-1-C-C-, Inc.

as needed. Provide spiritual care and emotional support to patients 5 and family members in a hospital and hospice setting. Provide Quran and Hadith studies, Seerah and Fiqh 5 lessons, and other Islamic topics to increase knowledge and provide for spiritual growth of community members. Participate in the community activities that further good 3 interfaith and public relations for Islam and Muslims. Assist the Imam to develop and implement educational 1 and extracurricular programs for the youth 111

consultation with the Imam. Under the supervision of the Imam, work with the 1 [b ]oard of [t]rustees on fundraising programs for the community as needed.

As indicated in our NOlO, statements made during the June 2017 site visit by the Petitioner's current imam and signatory of the petition, and the Beneficiary contradict the above information. Specifically, indicated that because of his inability to speak English or Bosnian, the Beneficiary would be unable to give the lectures described in the position's duties.

also stated that the Beneficiary has memorized the prayers and portions of the holy book in Arabic, and so he will be able to lead the congregation in those prayers. The inspecting officer also interviewed the Beneficiary during the site visit, using an interpreter. When asked about the languages that he speaks, the Beneficiary stated that he speaks Turkish. and a little English. He has memorized prayers in Arabic, but is not conversant in that language. Furthennore, he does not speak Bosnian, which is the predominant language spoken by the majority of the congregants. Thus, the record does not demonstrate that the Beneficiary can perform the majority of the ministerial duties outlined in the petition.

In response to our NOlO, the Petitioner submitted a letter indicating that the Turkish community comprises a large part of its congregation. It asserts that the current imam, who speaks Bosnian and English, will cater to the congregants who speak Bosnian and English, while the Beneficiary. who speaks Turkish, will cater to the congregants who speak Turkish. Since the date of tiling, however. the Petitioner has continually maintained that its congregation's ethnicity is predominantly Bosnian. The Petitioner must resolve the inconsistencies in the record with independent objective evidence pointing to where the truth lies. Matter of Ho, 19 J&N Dec. at 591-92. It has not presented documentary evidence in support of its new claim that it has a significant cohort of Turkish congregants whom the Beneficiary will be catering to in his proposed ministerial role at the mosque.

The Petitioner also asserts that the Beneficiary has been diligently studying English, has substantially improved upon his English language skills since the site visit that occurred roughly five months ago, and that soon he will be proficient in English. The record does not contain con·oborating evidence of the Beneficiary's language skills, and furthermore, the Petitioner must establish that all eligibility requirements for the immigration benefit have been satisfied from the time of the filing and continuing

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Matter ofT-I-C-C-, Inc.

through adjudication. 8 C.F.R. § 103.2(b)(1). The record does not contain sufficient evidence ofthe Beneficiary's ability to fulfill all the required duties of the associate imam position at the time of tiling to overcome the statement.

Finally, the Petitioner emphasizes that the Beneficiary's ability to recite and lead the congregation in the prayers that he has memorized in Arabic enables him to perfonn his most important duty. However. the duty chart provided indicates that leading prayers only comprises 14 hours of his proposed typical 35 hour work week. When considered as a whole, the record does not sufficiently detail how the Beneficiary will be able to perform the other duties described in the petition. In light of the above, the Petitioner has not established that the Beneficiary will be employed at least 20 hours per week in the ministerial capacity described in the petition. See 8 C.F.R. ~ 214.2(r)(l)(ii). Additionally, it has not credibly attested to this requirement within the Fmm 1-129. S'ee 8 C.F.R. § 214.2(r)(8)(ix).

III. CONCLUSION

The Petitioner has not shown that the Beneficiary will be employed as a minister in accordance with 8 C.F.R. § 214.2(r)(1). Accordingly, the Petitioner has not demonstrated its eligibility for the classification sought.

ORDER: The appeal is dismissed.

Cite as Matter o(T-1-C-C-. Inc., ID# 293622 (AAO Nov. 30. 2017)