REYES

13 I. & N. Dec. 406

• Court: Board of Immigration Appeals
• Decided: July 1, 1969
• Docket: 2009
• Status: Published

Opinion

Interim Decision #2009

MATTER OF REYES

In Visa Petition Proceedings

A-17859880

Decided by District Director September 26, 1969 Affirmed by Regional Commissioner October 28, 1969

'etitioner/beneficiary, who has a bachelor's degree, with a major in social work, qualifies on the basis thereof as a member of the professions as a social worker within the meaning of sections 101(a) (32) and 203(a) (3) of the Immigration and Nationality Act, as amended. [Matter of Cruz, Int. Dee. No. 1920, overruled.]

BEFORE THE DISTRICT DIRECTOR

The petitioner, a 30 year old native and citizen of The Philip- nes, seeks third preference status as a professional social orker. The petition was denied June 6, 1969, in the light of Mat- r of Cruz, Int. Dec. No. 1920, as the petitioner lacks a master's .gree. On appeal the matter was remanded by the Regional anmissioner for further consideration. The petitioner possesses a Bachelor of Arts degree issued Irch 22, 1960 by the Philippine Women's University. The Office Education, United States Department of Health, Education d Welfare has reviewed a transcript of her studies and found petitioner's degree is the equivalent of a Bachelor of Arts de- !e, with a major in Social Work, issued by an accredited college the United States. Ile Department of Labor has issued a labor certification for ttry level" in Social and Welfare Work, following review of the itioner's statement of qualifications, Form ES-575A and sup- ting documents consisting of certified copies of the petitioner's ege degree and transcript of studies. The petitioner has been Toyed as a social worker since 1968 by the Department of So- Welfare, Manila, Philippines. 'he issue is whether possession of a Bachelor's degree, with a or in Social Work, qualifies the holder, a social worker, as a

406 Interim Decision #2009

member of the professions within the meaning of the Immigra- tion and Nationality Act. In Matter of Cruz, supra, it was held that a Master's degree or its equivalent in training and experi- ence, was required for professional status in that activity. It is significant that the labor certification is for "entry level" in Social and Welfare Work. Earlier editions of the Department of Labor's Occupational Outlook Handbook contained a statement that "full professional status requires two years of graduate study in an accredited school of social work." The 1968-69 Edi- tion of the handbook eliminated this statement. The 1968-69 Edi- tion states that a bachelor's degree generally is the minimum edu- cational requirement for beginning jobs in social work. The Department of Labor has advised that its Occupational Outlook Handbook lists minimum qualifications for an occupation as well as optimum, and does not consider that optimum require- ments must be met for certification for an occupation, profes- sional or otherwise. The Department has further advised that it considers persons who have bachelor's degrees in Sociology, equivalent to a degree issued by an accredited school in the United States, meet the criteria for certification as members of the professions. We concur. On the basis of the entire record, the petition will be approved. However, because of the holding in Matter of Cruz, supra, certifi- cation will be made to the Regional Commissioner for final deci- sion. ORDER: It is ordered that the petition be, and the same is hereby approved. It is further ordered that the decision be certified to the Re- gional Commissioner for final decision.

BEFORE THE REGIONAL COMMISSIONER

The decision of the District Director approving the petition of Estrella Calimba REYES, for third preference classification pur- suant to section 203 (a) of the Immigration and Nationality Act as a member of the professions on the basis of her possessing a Bachelor of Arts degree, with a major in Social Work, is before me by certification pursuant to 8 CFR 103.4 because such holding is in conflict with Matter of Cruz, Int. Dec. No. 1920, which held that a Master's degree, or its equivalent in training and experi- ence, was the minimum requirement for such professional status. I concur in the findings and conclusions of the District Director in this case and his decision will be affirmed. Accordingly, to the

407 Interim Decision #2009 extent that Matter of Cruz, supra, is inconsistent with this hold- ing, that decision is overruled. ORDER: It is ordered that the decision of the District Director be and is hereby affirmed.