Interim Decision #1671
Mega , of NATJPAIRI
In Visa Petition Proceedings
A-13638868
Decided by Regional Commissioner November 08, 1988
Petitioner, who studied law, was issued a license to practice law, and prac- ticed law in Tonga from 1952 to 1963, is qualified, as a lawyer, for class!. dcation as a member of the professions within the meaning of section 101(a) (32) of the Immigration and Nationality 'Act, as amended by P.L. 89-236, and notwithstanding the prerequisite of U.S. citizenship may preclude him from immediately engaging in his profession in this country, be is eligible for preference status under section 203(a) (3) of the Act, as amended, since he is continuing his study of law and •allegedly desires and Intends to practice his profession as soon as found legally qualified to do so. -
Discussion: This case comes forward on. appeal from the decision of the District Director, San Francisco, who denied the petition. on May 31, 1966, iii that .the petitioner has abandoned his practice as a lawyer and does not intend to continue practice as a lawyer. Counsel for petitioner requested oral argument on appeal, which was granted and oral argument was heard July 20, 1968_ Petitioner is a 40-year-old married male, a native and citizen of Tonga. He was admitted to the United States at Honolulu, Hawaii, May 28, 1963; to May 27, 1964, as a student destined to Utah State University, where he enrolled in a business and social science course. He attended school for one year and then came to California. While attending school in Utah he was variously employed as a laborer by a packing company and by Gibbon and Reed Company of Salt Lake and as a parking lot attendant by the University of Utah. Upon arrival in California in the fall of 1964 he obtained employment with the Peninsula Golf and Country Club in San Mateo, California, as a dishwasher. On February 4, 1966, he submitted the instant petition for classifi- cation for preference under section 203(a) (3) of the Act, as amended, in his own behalf. In'tbis petition he shows his profession
•01 Interim Decision #1671 or occupation as "lawyer" and states that he intends to 'engage in , that profession. Section 203(a) (3) of the Act, as amelided, provides that visas shall be made available "to qualified immigrants who are members of the professions, or whebecause of their exceptional abil- ity in the sciences or the arts will substantially benefit prospectively the national 'economy, cultural interests or welfare of the United States.' Section 101(a)'(32) of the Act definbV the term "profession" and includes the profession of "lawyer".. Section 212(a) (14) of the Act provides for the exclusion of certain aliens unless the Secretary of Labor has certified that there are not sufficient workers in the United States who are able, willing, quali- fied and available and that the employment of such aliens will not adversely affect the *ages and working conditions of workers in the United States in similar employment. Part 204.2(f), Title 8, Code of Federal Regulations, specifies that such a certification is required before a visa petition•may be approved to accord an alien preference elmEsifieation under section 9 (a) (8) of the Act. The Department of Labor reviewed the petitioner's application for certification and his qualifications for the profession of lawyer and on April 29, 1966, issued the appropriate certification and concluded that petitioner appeared qualified for classification as a lawyer. The conclusion of the Department of Labor, that petitioner- appeared to qualify as a lawyer is advisory by nature. We find that he is so qualified. The fact that a person obtained a baccalaureate degree in any field does not necessarily qualify him for recognition as a member of the professions. Generally, though, a person may be considered as a member of a profession if he has successfully com- pleted an education which is equivalent, at a minimum, to a bacca- laureate degree following four years of university level studies, which qualifies him to enter a field of endeavor requiring highly specialized knowledge of eln advance type, for which such education is a realistic prerequisite. However, a person may also establish. that he is a member of the professions by other means; such as inde- pendent study, ability, talent, honors and experience. In Matter of Strippa, Interim Decision #1602, It is stated, "Cognizance may be taken of the fact that an individual may be accorded recognition as a member of a particular profession where he may lack the requisite high education but has had special training and,extensive practical experience in such work." As evidence of his qualifications as a lawyer, petitioner presented a letter under the seal of the Justice - Department, Nuku'alofa,. Tonga,. . 90i1 Interim Decision #1671 dated December 13, 1962, by the Registrar of the Supreme Court of Tonga as follows: "TO WHOM IT MAX CONCERN: Thin le a certificate from the Tonga Government Law Society certifying law units that TEVITA NAUEAHU TAT.AKAT has passed. 1949-1952 Written in Tongan Grading Constitution Law ----- A Magistrate & Supreme Court Lew A Evidence Law Criminal Law A Lands Lavr Contract Law — • 1961 Written in Eng lisR Constitution Law A Magistrate & Supreme Court Law A Evidence Law Criminal Law . Lands Law Contract Law ------------------- A. The above named person studied law under the auspices of the Tonga Government Law Society from 1954-1961 and he was examined by His Lordship Justice D. B. Hunter, B.A., LLB (Australia) who is the Judge of the Supreme Court of Tonga." He also presented a "lawyer's license" under the seal of the Supreme Court of Tonga, issued by the Regihtrar of the Supreme Court of Tonga, showing the issuance of a lawyer's license to prac- flail law dated January 12, 1962. In his "Statement of Qualifications" petitioner shows that he stu- died law with the Tonga Government Law Society in Tonga from 1946 to 1952 and was issued a lawyer's license to praCtice law in the Tongan language and further studied with the same law society in the English language from 1954 to 1961 and was issued a license to practice law in the English language in 1961. He has also alleged. that from January 1952 to May 1963 he was engaged in the "general practice of law; represent clients in both criminal and civil matters; drafting contracts and all necessary legal documents and appear in courts as required." He has also stated that from February 1956 to May 1963 he was employed by the Audit Department of the Govern- •ent of Tonga, where he checked and reviewed records of all goy- erninent departments to assure compliance with Tongan laws. On appeal counsel presented a letter with the seal of the Justice Department •f Tonga by the Registrar of the Supreme Court of Tonga dated August 2, 1966 as follows: "This is to certify that TBV1TA, NILUR4X177. Zat'LLET, formerly a resident of Nuku'alofa, Tongatapu in the raga= of Tonga was (Blamed as Lawyer
906 Interim Decision #1671 in the year 1952 to act* as a Representative in the Courts of Tonga, and ob- tained first issue of his Lawyer's License- under the hand and seal of the Supreme Court Judge of Tonga in that year. The Ica renewal of his Lawyer'a License was in 1982.ft Counsel also presented a letter from the "Lawyer and Legal Advisor and Representative in Parliament," Tonga Government, dated July 25, 1966, -which attests to the petitioner's qualifications and ability and work performed. as a lawyer in Magistrate and Su- . prams Courts of Tonga from 1952 to 1963.
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Interim Decision #1671
Mega , of NATJPAIRI
In Visa Petition Proceedings
A-13638868
Decided by Regional Commissioner November 08, 1988
Petitioner, who studied law, was issued a license to practice law, and prac- ticed law in Tonga from 1952 to 1963, is qualified, as a lawyer, for class!. dcation as a member of the professions within the meaning of section 101(a) (32) of the Immigration and Nationality 'Act, as amended by P.L. 89-236, and notwithstanding the prerequisite of U.S. citizenship may preclude him from immediately engaging in his profession in this country, be is eligible for preference status under section 203(a) (3) of the Act, as amended, since he is continuing his study of law and •allegedly desires and Intends to practice his profession as soon as found legally qualified to do so. -
Discussion: This case comes forward on. appeal from the decision of the District Director, San Francisco, who denied the petition. on May 31, 1966, iii that .the petitioner has abandoned his practice as a lawyer and does not intend to continue practice as a lawyer. Counsel for petitioner requested oral argument on appeal, which was granted and oral argument was heard July 20, 1968_ Petitioner is a 40-year-old married male, a native and citizen of Tonga. He was admitted to the United States at Honolulu, Hawaii, May 28, 1963; to May 27, 1964, as a student destined to Utah State University, where he enrolled in a business and social science course. He attended school for one year and then came to California. While attending school in Utah he was variously employed as a laborer by a packing company and by Gibbon and Reed Company of Salt Lake and as a parking lot attendant by the University of Utah. Upon arrival in California in the fall of 1964 he obtained employment with the Peninsula Golf and Country Club in San Mateo, California, as a dishwasher. On February 4, 1966, he submitted the instant petition for classifi- cation for preference under section 203(a) (3) of the Act, as amended, in his own behalf. In'tbis petition he shows his profession
•01 Interim Decision #1671 or occupation as "lawyer" and states that he intends to 'engage in , that profession. Section 203(a) (3) of the Act, as amelided, provides that visas shall be made available "to qualified immigrants who are members of the professions, or whebecause of their exceptional abil- ity in the sciences or the arts will substantially benefit prospectively the national 'economy, cultural interests or welfare of the United States.' Section 101(a)'(32) of the Act definbV the term "profession" and includes the profession of "lawyer".. Section 212(a) (14) of the Act provides for the exclusion of certain aliens unless the Secretary of Labor has certified that there are not sufficient workers in the United States who are able, willing, quali- fied and available and that the employment of such aliens will not adversely affect the *ages and working conditions of workers in the United States in similar employment. Part 204.2(f), Title 8, Code of Federal Regulations, specifies that such a certification is required before a visa petition•may be approved to accord an alien preference elmEsifieation under section 9 (a) (8) of the Act. The Department of Labor reviewed the petitioner's application for certification and his qualifications for the profession of lawyer and on April 29, 1966, issued the appropriate certification and concluded that petitioner appeared qualified for classification as a lawyer. The conclusion of the Department of Labor, that petitioner- appeared to qualify as a lawyer is advisory by nature. We find that he is so qualified. The fact that a person obtained a baccalaureate degree in any field does not necessarily qualify him for recognition as a member of the professions. Generally, though, a person may be considered as a member of a profession if he has successfully com- pleted an education which is equivalent, at a minimum, to a bacca- laureate degree following four years of university level studies, which qualifies him to enter a field of endeavor requiring highly specialized knowledge of eln advance type, for which such education is a realistic prerequisite. However, a person may also establish. that he is a member of the professions by other means; such as inde- pendent study, ability, talent, honors and experience. In Matter of Strippa, Interim Decision #1602, It is stated, "Cognizance may be taken of the fact that an individual may be accorded recognition as a member of a particular profession where he may lack the requisite high education but has had special training and,extensive practical experience in such work." As evidence of his qualifications as a lawyer, petitioner presented a letter under the seal of the Justice - Department, Nuku'alofa,. Tonga,. . 90i1 Interim Decision #1671 dated December 13, 1962, by the Registrar of the Supreme Court of Tonga as follows: "TO WHOM IT MAX CONCERN: Thin le a certificate from the Tonga Government Law Society certifying law units that TEVITA NAUEAHU TAT.AKAT has passed. 1949-1952 Written in Tongan Grading Constitution Law ----- A Magistrate & Supreme Court Lew A Evidence Law Criminal Law A Lands Lavr Contract Law — • 1961 Written in Eng lisR Constitution Law A Magistrate & Supreme Court Law A Evidence Law Criminal Law . Lands Law Contract Law ------------------- A. The above named person studied law under the auspices of the Tonga Government Law Society from 1954-1961 and he was examined by His Lordship Justice D. B. Hunter, B.A., LLB (Australia) who is the Judge of the Supreme Court of Tonga." He also presented a "lawyer's license" under the seal of the Supreme Court of Tonga, issued by the Regihtrar of the Supreme Court of Tonga, showing the issuance of a lawyer's license to prac- flail law dated January 12, 1962. In his "Statement of Qualifications" petitioner shows that he stu- died law with the Tonga Government Law Society in Tonga from 1946 to 1952 and was issued a lawyer's license to praCtice law in the Tongan language and further studied with the same law society in the English language from 1954 to 1961 and was issued a license to practice law in the English language in 1961. He has also alleged. that from January 1952 to May 1963 he was engaged in the "general practice of law; represent clients in both criminal and civil matters; drafting contracts and all necessary legal documents and appear in courts as required." He has also stated that from February 1956 to May 1963 he was employed by the Audit Department of the Govern- •ent of Tonga, where he checked and reviewed records of all goy- erninent departments to assure compliance with Tongan laws. On appeal counsel presented a letter with the seal of the Justice Department •f Tonga by the Registrar of the Supreme Court of Tonga dated August 2, 1966 as follows: "This is to certify that TBV1TA, NILUR4X177. Zat'LLET, formerly a resident of Nuku'alofa, Tongatapu in the raga= of Tonga was (Blamed as Lawyer
906 Interim Decision #1671 in the year 1952 to act* as a Representative in the Courts of Tonga, and ob- tained first issue of his Lawyer's License- under the hand and seal of the Supreme Court Judge of Tonga in that year. The Ica renewal of his Lawyer'a License was in 1982.ft Counsel also presented a letter from the "Lawyer and Legal Advisor and Representative in Parliament," Tonga Government, dated July 25, 1966, -which attests to the petitioner's qualifications and ability and work performed. as a lawyer in Magistrate and Su- . prams Courts of Tonga from 1952 to 1963. Counsel in his brief points out that petitioner has not been permit- ted to practice law in the State of California because "the practice of law in the State of California is limited to United States citi- zens." He points out that petitioner still has the desire and intent to practice his profession as soon as the legal requirements of the State of California can be met. As evidence of petitioner's continued efforts to qualify he has presented. a letter from the Blackstone School of Law dated June 16, 1966, by the Vice-President of the school, which reads: "This is in answer to your letter of the 14th, regarding Mr. Naufahu's enrollment with us. Yes, he is enrolled with us and has been for a little over a year." (Petitioner started - the Blackstone Law course in February 1965.) Comma' also points out that the "Business and Professional Code of California, section 6060, provides that law office study may be substituted for college or university study for admission. to the Bar in the state." It is further noted that in Matter of Sta4roatiattes, Dec. No. 1594, decided by the District Director on June 8, 1966, it is 'stated: "The Immigration and Nationality Act, as amended, does not specify that a member of the professions must be coming to this country to engage immediately in the practice of his profession in order to qualify for third preference status . . .", and "In many instances and. frequently beams of factors over which the alien has no control comh as licensing andcother. local restrictions, he may be forced. to accept any available employment for a period of time after arrival before entering into professional practice." Since an applicant for a. visa under section 203(a) (8) may be a member of a profession for which a license, or eyen citizenship may be a. prerequisite before he may engage in his professional endeavor, we do not read. into the statutes or regulations, a requirement that the applicant must be-able to engage in. the qualifying profession imme- diately if admitted to the United States. It is sufficient if he can show a bona fide purpose or intent to work in the United States in his qualifying endeavor. • . 907 Interim Decision #1671 The petitioner is continuing his study of law and has alleged that he is continuing with the desire and intent to practice his profession as soon as found legally qualified. Considering all factors as described above, it must be found that the petitioner is a member of the professions and intends and desires to practice his profession. in the United States and that he meets the requirements for preference classification under section 203(a) (3) of the Act. The appeal will be sustained and the petition granted. ORDER: It is ordered that the appeal be sustained and the peti- • ton granted.