KU

11 I. & N. Dec. 876

• Court: Board of Immigration Appeals
• Decided: July 1, 1966
• Docket: 1662
• Status: Published

Opinion

Interim Decision #1862

' MATTER OF Ka In Visa Petition Proceedings . A 12920131 -

Decided by District Director September 19, 1966 Since. beneficiary, who has a master of science degree in mathematics, is a quannea mathematician and as such Is a member of *ha professions within the meaning of section 101(a) (32) of the Immigration and Nationality Act, as amended by Public Law 89-236, be is eligible for preference classification as a mathematician under section 203(a) (3) of the Act, as amended.

Discussion:. The petition was filed to accord the beneficiary third preference classification as a member of the professions based upon his qualifications as a mathematician. The petitioner is a thirty-two-year-old married male, a native and citizen of China. On September 2, 1966, he filed a petition to classify himself as a member of the professions, entitled to prefer- ence under section 203(a) (3) of the Immigration and Nationality Act, as amended, which provides for immigrant visas to be made available "to qualified immigrants who are members of the profes- sions, or who, because of their exceptional ability in the mimeos or the arts will substantially benefit prospectively the national econ- omy, cultural interests, or welfare of the United States." The bene- ficiary was awarded a bachelor of science degree in mathematics by Taiwan Normal University, Taipei, Taiwan, in July 1960 and a master of science degree in mathematics by Tulane University, New Orleans, Louisiana, in May 1961. He was employed as a re- search•assistant in mathematics from July 19, 1960 to September 1, 1962 by the Institute of Mathematics, Taipei, Taiwan. He has been engaged. as a teaching assistant in mathematics by Wane Univer- sity since September 1962. The beneficiary is presently a candidate for a doctor of philosophy degree in mathematics at Tulane Uni- versity and intends to engage in his profession in the United States ns a mathematician.

876 - Interim Decision 40662 The occupation of mathematician falls within the category of vo- cations for which the Department of Labor has issued a blanket certification pursuant to 29 OFR Part 60.2.. The blanket certifica- tion is to the effect that persons whose 'education or experience ie equivalent to the baccalaureate degree conferred by accreditell. United States colleges and universities in certain listed specialties,. one of which is mathematics, are considered to be engaged in an occupation for which there are not sufficient qualified persons avail- _ able in the United Stites and that the employment of such qualified persons will not adversely affect the wages and working conditions of workers in the United States similarly employed. Section 101(0'(32) of the Act, as amended, provides that: "The term 'profession' shall include but not be limited to architects, en- . gineers, lawyers, physicians, and teachers in elementary or second- ary schools, colleges, academies, or seminaries." The beneficiary's vocation, that of mathematician, is not specifi- cally named in section 10I(a) (82) of the Act as a profession. How- ever, the Dictionary of Occupational Titles. 1966, Tolunle If, Third Edition, published by the United States Department of Labor, places mathematicians, Co!,-le 020.088, within the mathematics, phy4- cal sciences, and related. research group of occupations and indicates, at page 468, that "a bachelor's degree in the appropriate subject matter, such as mathematics, astronomy, and geography, is the mini- mum educational requirement for entrance into this type of work. For the more responsible research positions an advanced degree is necessary. A Ph.D. is usually essential for entrance into astronomy. Workers in pure mathematics seldom require training in a particular field, but those in applied mathematics must acquire knowledge of the field in which mathematics.% used." The high degree of education required for entry into the field of mathematics is compaiable to the degree of education required for the specific professions named. in section 101(a)(82), aupra. Accord- ingly, it is. concluded that the applicant as as mathematician IS a qualified member of the professions. ORDER: It is ordered that the petition be approved 'ma the beneficiary accorded third preference under section 203(a) (8) of the Immigration and Nationality Act, as amended.

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