BASU

11 I. & N. Dec. 777

• Court: Board of Immigration Appeals
• Decided: July 1, 1966
• Docket: 1633
• Status: Published

Opinion

Interim Decision #1663

MATTER BASU

Iu. Visa Petition Proceedings

A-11700754 'Decided by District Director June 13, 1363

Since a biochemist is a member of the professional occupations in biological sciences and such professional occupations are within the meaning of sections 101(a) (32) and 203(a) (3) or the Iminigration and riattonality Act, as amended by P.L. 89-236, a visa petition is appioved to accord beneficiary, a qualified biochemist, third preference classification under the quota.

Discussion: The petition was filed to accord the beneficiary a third preference classification as a member of the professions based upon his qualifications as a biochemist. The beneficiary is an un- married, male, native and citizen of India, age 28, presently re- siding in Baltimore, Maryland.. The beneficiary received a bachelor of science degree in 1958 from the University of Calcutta in India, a master of science degree in 1060 from the University sof Calcutta in India, and a doctor of philosophy degree in biological chemistry in April 1966 from The University of Michigan, Ann Arbor, Michigan. He has been em- ployed as a biochemist from February 1966 to date by the MoCollura- Pratt Institute and Department of Biology, The Johns Hopkins University, Baltimore, *Maryland. The beneficiary intends to en- gage in liis profession in the United States as si biochemist. A certification pursuant to section 212(a) (14) of the Act, as amended, has been issued by the Department of Labor. Biochemists are listed among professional occupations undei code 0-07.02 in the Dictionary of Occupational Titles, Volume II, second edition, prepared by the Department of Labor. In the third edition of the above publication, biochemists are listed under professional, technical, and managerial occupations, code 041_081. Occupations in this biological scientist group are concerned with research in the reproduction, growth and development, structure, life processes, be- havior, and classification of living organisms and the application of • 77'T Interim Decision #1633

findings to the prevention of disease in the maintenance and pro- motion of health in plant and animal life. The Occupational Out- look Handbook, 1966-67 edition, of the United States Department of Labor, states that young people seeking professional careers in the biological sciences should plan to obtain an advanced degree, pref- erably a doctor of philosophy degree. This Handbook further states that a bachelor's degree with a major in one of the biological sciences is adequate preparation for beginning jobs; that a master's degree can qualify for most positions in applied research and for some types of positions in college teaching and basic. research; and that the doctor of philosophy degree is generally required for higher level college teaching positions, for independent research; and for positions involving the aliministration of research. The average (median) annual salary for biological scientists was $10,700 in 1964, according to National Science Foundation's National Register of Scientific and Technical Personnel. From the foregoing it has been established that the beneficiary is a qualified biochemist and as such is a member of the professional occupations in biological sciences. Included within the occupations in biological sciences are anatomists,' biochemists, biologists, bio-. physicists, botanists, entomologists, geneticists, microbiologists, my- cologists, parasitologists, pharmacologists, physiologists, plant nema- tologists, plant pathologists, and zoologists.1 The professional oc- cupations in biological sciences are considered to be within the mean- idg of sections 101(a) (32) and 203(a) (3) of the Act, as amended. ORDER: It is ordered that the petition be approved and the beneficiary accorded third preference under Section 203(a) (3) of the Immigration and Nationality Act, as amended.

Dictionary of Occupational Titles, Volume II, Third Edition, pp. 486, 46T.