STRIPPA

11 I. & N. Dec. 672

• Court: Board of Immigration Appeals
• Decided: July 1, 1966
• Docket: 1602
• Status: Published

Opinion

Interim Decision #1602

hati..a.acor SrarrrA. In Visa Petition Proceedings A-14139108 Decided by Regional Cennenissionee. Acne 2, 1986 Petition to accord preference classification under section 203(a) (8), Immigra- tion and Nationality Act, as amended by P.L. 89-236, as a teacher, is denied since beneficiary, who lacks the requisite high education (having the equiv- alent of high school graduation in the United States) and has had no ac- tual experience as a teacher, can not be regarded as a member of the teach- - ing profession within the contemplation of that section. , • This matter Is before the Regional Commissioner on:appeal from the denial, of the visa petition to accord the beneficiary third pref- erence quota classification as a member of the professions. The alien is an unmarried Italian citizen, born Jemmy 31, 1947, at Guglionesi, Campobasso, Italy. Evidence has been presented that , she attended the State School for Teachers at Guglionesi and was granted a diploma in 1965. Form ES-575 "Application for Alien Employment Certification", which accompanied the • petition, re- flects that the beneficiary attended the State School for Teachers for four years; that she is seeking a teaching position; that she has not been employed in the field since receiving her diploma. After reviewing the alien's educational documents, the Office of Education of the Department of Health, Education and Welfare, Washington, D.C., advised that she has the equivalent of high school graduation in the United States with preparation for teaching in Italian elementary grade's (first five years). The District Director thereupon denied the visa petition on the ground the beneficiary is not qualified for third preference quota classification as a teacher. It has been asserted on appeal that the alien is entitled to third preference status as a member of the teaching profession inasmuch as the law does.not specify any minimum educational standard as prerequisite to qualification; that physicians, surgeons, lawyers and members of other professions who are educated abroad are•nnt ex- pected to meet :United States criteria as a condition precedent to the grant of third preference classification. 672 Interim Decision #1602 Section 203(a) (3) of the Immigration and Nationality Act, as amended, provides for the issuance of visas to "qualified immigrants who are members of the professions, or who because of their excep- tional ability in the sciences or the arts will substantially_benefit prospectively the national edonomy,cultural Interests, or welfire of the United .States." Section 10I(a) (82) of the statute further states: "The term 'profession' shall include but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in • elementary or secondary schools, colleges, academies, or seminaries." In considering the various categories of professions enumerated in section 1.01(a) (32) of the Act, we have consulted the Department of Labor's "Occupational Outlook handbook" and "Dictionary of Occupational Titles." It has-been found that bachelor's degree is generally the minimum educational requirement for entrance into these professional fields and, in some instances, either an advanced graduate degree or stufficant experience is also necessary. Cogni- zance is also 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. In the matter at hand„ we find that the beneficiary is a high school graduate who has had•no actual, experience as a teacher. Under the circumstances, she cannot be regarded as a member of the teaching profession within the contemplation of section 203-(a) (3) of the Immigration and Nationality Act. We have also considered the -alien's eligibility for quota status -Under section 203(a) (6) of the Act which provides for the issuance oftisas to "qualified immigrants who are capable of performing specified drilled or nnalrilled not of a temporary 'or seasonal nature, for which a shortage of em- ployable and willing persons exists in the United States." In order to establish eligibility for sixth preference classification it is necessary that the person desiring and intending to employ the beneficiary file a petition in her behalf under section 204 of the Act and that the petition be supported by a Department • of Labor certification pur suant to section 212(a) (14). of the Act •to establish that there are not sufficient workers in the United States who are able, willing, qualified, and available to perform such labor. In the instant case, the visa petititin has not been filed by- the alien's prospective em- ployer and, further, the required labor certification: has not been furnished. Accordingly, this appeal must be dismissed.. ORDER: it is ordered that the -appeal be and same is hereby dismissed.