Interim Decision #2384 

MATTER OF BLAICH 

In Section 245 Proceedings 

A-19568960 

, A-20516329 

Decided by Regional Commissioner May 15, 1975 

The applicants are husband and wife, and seek adjustment of status under section 245 of 

the Inunigration and Nationality Act. The male applicant alleges that he is a religious 

worker who is eligible for a blanket labor certification under Schedule A of 29 CFR 60.7 

as established by the Labor Department, which will satisfy the labor certification 

requirement of section 212(a)(14) of the Act. The district director denied the applications but certified the cases to the Regional Commissioner for decision pursuant to 8 

CFR 103.4. Where the record showed that the applicant will be employed for 20 hours a 

week by a syragague to provide religious instruction and spiritual and moral guidance 

to the members, and also will be employed as a religious teacher in a Hebrew High 

School for 20 hours a week, the application for permanent residence was approved. 

ON BEHALF OF APPLICANTS: William J. Bluestein, Esquire 

130 South Robertson Blvd., 

Suite 200 

Beverly Mils, California 90211 

These cases have been certified to the regional commissioner for a 

decision pursuant to Title 8, Code of Federal Regulations (8 CFR) 

Section 103.4. The district director denied the applications reasoning 

that the applicants are subject to the labor certiAcation requirements of 

Section 212(a)(14) of the Immigration and Nationality Act with which 

they have not complied. 

The applicants are natives of Germany and citizens of Israel. Mr. 

Blaich was admitted to the United States via pre-flight inspection at 

Montreal, Canada, on August 19, 1970. He was admitted as a visitor for 

pleasure for a period of twelve days. Subsequently, he changed his 

status to exchange visitor to participate in Program P III 2360 which is 

sponsored by the American Association for Jewish Education, New 

York City. His wife last entered the United States on July 29, 1971, at 

New York City. She was admitted as an exchange visitor also. However, the record is silent concerning her participation in any program. 

They have applied for adjustment of status to permanent resident 

alleging that the "Blanket Certification" provisions apply to Mr. Blaich 

as a religious worker. 

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Interim Decision #2384 

Title 29, Code of Federal Regulations, Section 60.2(a) states in part: 

"To facilitate the processing of requests for labor certification, Schedules and lists are 

provided below which contain determinations made by the Secretary of Labor, pursuant 

to the requirements of Section 212(a)(14) of the Immigration and Nationality Act, that: 

(1) For the categories of employment described in Schedule A at Section 60.7 except 

for any geographic limitations therein set forth, there are not sufficient workers who are 

able, willing, qualified, and available for employment and the employment of aliens in 

such categories in such areas will not adversely affect the wages and working conditions 

of workers in the United States similarly employed." 

Schedule A, 29 CFR 60 consists of three categories of employment for 

which the Secretary of Labor has, in effect, issued a blanket certification 

under Section 212(a)(14) of the Act. 

Part 60.7, Group III(c) states: 

"Any other person seeking admission to the United States to perform duties related to 

the nonpiofit operation of a religious organization(1) if the duties which he will perform 

involve special skills, training; and experience which the alien poss6sses and which are' 

related to the religious objectives of the organization and (2) if he intends to be engaged 

principally (more than 50 percent of this working time) in suckduties. Examples of, 

persons coming within this subgroup are cantors, and translators , of religious tracts or 

texts who have the special capability of conveying through the translation the spiritual 

message to which such tracts or texts are directed and Nilo Will be engaged in such 

endeavors." 

An alien whose occupation is within Scbedule:Anis considered as 

having obtained a certification under Section 212(a)(14) of the Act upon 

determination by the district director that the alien is qualified for and 

will engage in such occupation. Uncontested documents in the file indicate that the male applicant, because of his training and experience and 

his moral and religious qualifications was offered employment with 

Valley Beth Shalom, Encino, California. His duties with that organization consist of being an instructor and translator of religious tracts, and 

to conduct religious classes and other spiritual functions and provide 

spiritual and moral guidance to the members of the synagogue. His 

employment there is to be for 20 hours per week. "For an additional 20 

hours, he is employed as a religious teacher by the Los Angeles Hebrew 

High School, a nonprofit school sponsored by the Bureau of Jewish 

Education and the United Synagogues of America." He teaches Jewish 

Biblical materials, religious texts and other traditional Jewish sources. 

The file also shows Mr. Blaieh's pursuit of training and education in 

religious subjects which dates back to 1964 with his attendance at Beth 

Hakarim Teachers Institute, Jerusalem. Subsequently, he studied at 

the Hebrew University of Jerusalem, University of Judaism, Los 

Angeles and Georgia State University. Only at the latter was religion 

not a part of the curriculum. He has been employed as a religious 

instructor or translator almost continuously since 1964 in Israel, 

Canada, and the United States. 

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In his decision the district director states in part: 

. .. there is no exemption of the labor certification for teachers, per se. A teacher, even 

though he'may teach the views of the religious organization by whom he is employed, 

nevertheless, may be basically employed to instruct in the secular and cultural aspects 

of the religious body. 

Certainly of layrteacher who will devote most of his time to teaching 

secular subjects in -a religious school does not qualify for the blanket 

certification provided for in Schedule A merely by reason of employment 

in such school. To meet the criteria for the, blanket certification, it must 

be established that:the duties to be performed involve special skills, 

training and experience which are related to the religious objectives of 

the organization; that the alien possesses these skills, training and 

experience; and that these duties will require more than half of his 

working time: Snch is the case before us. We have a man who•is well 

prepared with an ok;vio is religious commitment and substantial experience desiring to remain in the United States in furtherance of, and 

principally to engage in an occupation related to his religious commitment. On review of the discussion above, we find that the applicant fully 

meets the requirenienta for blanket labor certification as provided by 29 

CFR, 60.7, Schedule A, Group III (c). His application will be approved. 

ORDER: It is ordered that the application be approved upon the 

issuance of a nonpreferenee visa number by the Department of State. 

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