Religious ministry: military chaplaincy
The AAO dismissed the appeal and left the petition denied because the national importance of the endeavor was not established, even though it withdrew the Director's finding that the petitioner was not an advanced degree professional.
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Summary
A petitioner who wanted to serve as a military chaplain appealed a Texas Service Center denial of her EB-2 petition and national interest waiver request. The Director had concluded she was not an advanced degree professional, but the AAO disagreed and withdrew that conclusion after reviewing her degrees against an education database. On the waiver, the AAO accepted substantial merit and still held that national importance was not shown, noting that the specific assignments were unknown and that a shortage of chaplains is a labor certification concern. Evidence about her qualifications was treated as relevant only to the second prong. The appeal was dismissed and the remaining prongs were reserved.
Findings
| Criterion / prong | AAO finding | From the decision |
|---|---|---|
| Prong 1: Substantial merit and national importance | Not met | The Petitioner, however, has not established that the proposed endeavor has national importance. |
| Prong 2: Well positioned to advance the endeavor | Not reached | |
| Prong 3: Balance favors waiving the job offer | Not reached |
Why the AAO decided this way
- The AAO disagreed with the Director on the underlying classification and withdrew the finding that the petitioner was not an advanced degree professional, relying on a credential evaluation database and the degree records.
- It found that the proposed work has substantial merit, but the specific projects or missions were not known, and an important field does not by itself make an endeavor nationally important.
- A claimed shortage of qualified chaplains does not establish national importance, because shortages are addressed through the labor certification process.
- Letters about the petitioner's qualifications bear on the second prong, not the first, and the record does not show an impact beyond the individuals served that would reach the chaplain field or the military more broadly at a national level.
- Because the first prong was not met, the AAO reserved the remaining prongs.
Authorities cited
- Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)
- Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010)
- Matter of Christo's, Inc., 26 I&N Dec. 537 (AAO 2015)
- INS v. Bagamasbad, 429 U.S. 24 (1976)
- Flores v. Garland, 72 F.4th 85 (5th Cir. 2023)
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