CHU

13 I. & N. Dec. 112

• Court: Board of Immigration Appeals
• Decided: July 1, 1969
• Docket: 1936
• Status: Published

Opinion

Interim Decision *1936

MATTER OF CHU In Visa Petition Proceedings A-12235139 Decided by Regional Commissioner January 20,1969 Beneficiary, who graduated from a medical school in the United States, is a physician and, therefore, is classifiable as a member of the professions under sections 101(a) (32) and 203(a) (3) of the Immigration and Nation- ality Act, as amended, notwithstanding he has not completed his intern- ship.

This case comes forward on appeal from the decision of the District Director, who on November 13, 1968, denied the petition. In his denial, the District Director refers to the Department of Labor's publication, Occupational Outlook Handbook, 1966-1967 edition, wherein it is stated in part that- a license to practice med- icine is required in all States and the District of Columbia; that to qualify for such, a candidate must graduate from an approved medical school, pass such an examination, and in certain States (including California) and the District of Columbia serve a one- year internship and that even in States permitting the licensure of a physician immediately after graduation from medical school, an internship is always necessary for full acceptance by the pro- fessions. The District Director therefore concluded that an intern, per se, cannot be classified as a "physician" and cannot be consid- ered as a "professional" in the field of medicine. The District Director has concluded further that a physician is one who, as a minimum, possesses three to four years of pre-medical college study followed by four years of medical training and one year of internship and that the beneficiary has failed to meet qualifica- tions necessary for professional recognition as a physician. The subject alien is a 27 - year- old married citizen of China, presently residing with his nonimmigrant alien spouse in San Bernardino, California. He was admitted as a nonimmigrant stu- dent on August 10, 1960, and was given subsequent extensions of stay in that status until June 1, 1968. On July 12, 1968, a petition

122 Interim Decision * 1986 was filed by the San Bernardino County General Hospital, San Bernardino, California, seeking preference classification for the beneficiary under section 203 (a) (3) as a member of the profes- sions. The beneficiary's profession or occupation is stated in the petition to be "physician." The occupational title of the position beneficiary is to occupy is "intern." After careful consideration of the factors in this case, we cannot agree with the decision of the District Director. A physician is defined in section 101 (a) (32) of the Act, as amended, as being in- cluded within the "professions." The minimum requirement for entry into the professions has been held to be a baccalaureate de- gree. (Matter of Asuncion, 11 I. & N. Dec. 660.) The Dictionary of Occupational Titles, 1965, Volume I, Defini- tions of Titles, Third Edition, published by the Department of Labor, places the occupational title of physician and intern in the professional and kindred classification under the identical occupa- tional code number 070.108. The record shows that the beneficiary took pre-medical studies from 1960 to 1964 at St. Louis University, St. Louis, Missouri, receiving a Bachelor of Science degree. From 1964 to 1968 he at- tended the school of medicine of that University, graduating there- from with the degree of Doctor of Medicine. He took practical training authorized by this Service as a medical assistant from June to September 1965 and from June to September 1966 at Stockton State Hospital and from June to the end of July 1967 at the San Joaquin County General Hospital, both hospitals located in Stockton, California. The beneficiary has been employed since July 1, 1968, and continues to be employed as an intern by the pe- titioner. 8 CFR 204.2(f) (2) states in pertinent part: An alien physician shall be considered eligible for classification as a member of the professions if he establishes that he was graduated from a medical school in the United States or Canada ... The Director of the Department of Graduate Medical Educa- tion of the American Medical Association, Chicago, Illinois, has stated to this Service in a letter dated January 2, 1969, that grad- uation from an approved school of medicine in the United States with conferral of the degree of Doctor of Medicine automatically carrierith it the professional recognition of the individual con- cerned as a physician. The Director further states: While conferral of the degree of Doctor of Medicine is a function of educa- tinnal institutions duly accredited and chartered in the individual states, conferral of the license to practice medicine is a responsibility of the various

123 Interim Decision #1936 state boards of licensure, and is one of the states' rights accounting for the existence of individual and differing requirements in the various states. The majority of states require a year's internship as a necessary prerequi- site to licensure. In some instances, the examination is given prior to the in- ternship, with the license actually conferred upon completion of the intern- ship. There are some states which do not require internship, but which do require either declaration of citizenship or full citizenship, even for gradu- ates of United States schools. The requirements In the state of California are different for non-citizens than they are for citizens, although in either case the person concerned is a physician on a basis of possession of the de- gree of Doctor of Medicine To sum up , we would say (beneficiary) definitely qualifies as a 'physician', but be must complete the required period of internship before qualifying legally to practice medicine in one of the states. An internship is certainly a professional occupation and in the context of this discussion, can only be served by a physician. Further, since an applicant for a visa under section 208 (a) (3) may be a member of a profession for which a license, or even cit- izenship, may be a prerequisite before he may engage in his pro- fessional endeavor, we do not read into laws or regulations, a re- quirement that the applicant (beneficiary in this case) must be able to engage in the qualifying profession immediately if admit- ted to the United States. It is sufficient if he can show a bona fide purpose or intent to work here in his qualifying endeavor. In this case, beneficiary has shown that intent by actual employment in his qualifying profession or occupation. From the foregoing it is concluded that the petitioner has es- tablished that the beneficiary qualifies for the preference classifi- cation sought. Beneficiary has been awarded "an advance" degree by an American university and thus falls within the category of per- sons described in 29 CPR 60 Schedule A. Group I. and for whom a blanket certification has been issued by the Department of Labor pursuant to section 212(a) (14) of the Act. The appeal will be sustained and the petition approved. ORDER: It is ordered that the instant petition for classifica- tion under section 203(a) (3) of the Act, as amended, be and is hereby approved.