HSUEH

11 I. & N. Dec. 652

• Court: Board of Immigration Appeals
• Decided: July 1, 1966
• Docket: 1597
• Status: Published

Opinion

[1014131-DePisigal #1597

llarrio or Hsvru

' In Visa Petition Proceedings

A-12291717 Deckled by MaPIA Director February 934, 1966•

Since a physicist is a member of the professions within the meaning of sections 101(a) (n) and 203(a) (3), Immigration and Nationality Act, as amended by P.L. 89-236, visa petition is approved to accord beneficiary, a qualified physi- cist, third preference classification.

Discussion: The petition was filed to accord the beneficiary a third .preference classification as a member of tl,r,professions based on his qualifications is a phisicist. The beneficiary is a male, native and citizen of China, married, age 29, presently residing in Baltimore, Maryland; with his Wife. The beneficiary received a bachelor of science degree in 1959 from Tunghai University, Taichung, Taiwan, and a master of arts degree in physics in. June 1963 from Dartmouth College, • Hanover, New Hampshire. He served as a teaching fellow in the Physics Depart- ment, Polytechnic Institute of Brooklyn, Brooklyn; New York, from September 1963 to November 1965. He has been -employed as a physicist by lirestinghOuse Electric Corporation Baltimore, Mary- land, from December 1965 to date. The beneficiary intends to en- gage in his profession in the United States as a physicist. A certification pursuant to section` 212(a) (14) of the Act, as amended, has been issued by the Department of Labor. - Physicists are listed among professional occupations under -code 0 3513 in the Dictionary of Occupational Titles, volume II, second -

edition, prepared -by the United States Department of Labor. In the third edition of the above publication, phisicists are listed under professional, technical, and managerial occupations, cosies Q23.081 and .088. Occupations in this physical scientist group are concerned with the investigation of the laws of matter and energy and their. applications to problems in such fields- as science, engineering, medi- cine, and production: The Occupational Outlook Handbook, 1966-67 .- 652 Interim Decision #1597 edition, of the United States Department of Labor, states that a bachelor's degree with a major in physics is the minimum entrance requirement for young people seeking careers as physicists; that physicists with master's degrees are able to qualify for many research jobs in private industry, educational institutions, and gov- ernment; and that a doctor's degreels required for high-level college and university teaching positions. The average (median) annual salary for physicists was $12,000 in 1964, according to the National Science Foundation's National Register of Scientific and Technical Personnel. From the foregoing it has been established that the beneficiary is a qualified physicist and as such is a member of the professions within the meaning 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 bene- ficiary accorded third preference under section 203.(a) (3) of the Immigration and Nationality Act, as amended.