SAINI

12 I. & N. Dec. 20

• Court: Board of Immigration Appeals
• Decided: July 1, 1966
• Docket: 1681
• Status: Published

Opinion

Interim Decision #1681

MATTER or SAIM In Visa Petition Proceedings A-10588023 Decided by District Director December 14, 1986 Since a soil scientist is a member of the professions within the meaning of sec- tion 101(a) (32) of the Immigration and Nationality Act, as amended by P.L. 89-230, and beneficiary is a qualified soil scientist, having received a Ph.D. degree in eon science from an accredited university and having approximately 5 years' experience as a soil scientist, be is eligible for preference classification under section 203 (a) (3) of the Act, as amended.

The petition was filed to accord the beneficiary a third preference classification as a member of the professions based upon his qualifica- tions as a soil scientist. The beneficiary is a male, native and citizen of India, age 42, presently residing in Fredericton, New Brunswick, Canada, with his wife and child. The beneficiary received a bachelor of science degree in 1945 from Punjab University in India, a. master of science degree in soil science in 1955 from Punjab University, and a doctor of philosophy degree in soil science in August 1960 from Ohio State University, Columbus, Ohio. He has been employed as a soil scientist from January 1962 to date by the Canadian Department of Agriculture, Fredericton, New Brunswick, Canada. The beneficiary intends to engage in his profes- sion in the United States as a soil scientist, having accepted a position in this field with W. It Grace and Company, Clarksville, Maryland. A certification pursuant to section 212 (a) (14) of the Act, as amended, has been issued by the Department of Labor. Soil scientists are listed among professional occupations under code 0-35.03 in the Dictionary of Occupational Titles, Volume II, second edition, prepared by the Department of Labor. In the third edition of the above publication, soil scientists are listed under code 0-40.081 among occupations in the agricultural sciences group of professional, technical, and managerial occupations. Soil scientists study the phys- ical, chemical, and biological characteristics and behavior of soils. From their research,' soil scientists can classify soils in terms of re-

20 Interim Decision #1681 sponse to management practices and capability for producing crops, grasses, and trees as well as their utility as engineering materials. The Occupational Outlook Handbook, 1966-67 edition, of the United States Department of Labor, states that training in a college or uni- versity of recognized standing is important in obtaining employment as a soil scientist and that a bachelor's degree in soil science is a mini- mum requirement for entrance into this field. It is further stated that persons with graduate training, especially those with the doctor's de- gree, can be expected to advance rapidly into responsible positions with good pay. Soil scientists are employed in a wide range of public and private institutions, including fertilizer companies, private re- search laboratories, banks and other lending agencies, and real estate firms. Earnings of well-qualified Federal soil scientists with several years' experience range from about $9,000 to $14,000 per year. Numer- ous positions in the soil scientist field are vacant because of a shortage of qualified persons. It is concluded that a person who has a bachelor's degree in soil science from an accredited college or university is a member of the professions within the meaning of sections 101(a) (32) and 203 (a) (3) of the Act, as amended. The applicant is entitled to classiftcation as a member of the professions by virtue of his educational attainments. ORDER: It is ordered that the petition be approved and the bene- ficiary accorded third preference under section 203 (a) (3) of the Im- migration and Nationality Act, as amended.