WU

11 I. & N. Dec. 697

• Court: Board of Immigration Appeals
• Decided: July 1, 1966
• Docket: 1610
• Status: Published

Opinion

Interim Decision #1610

Mar= or Wv -

In Visa Petition Proceedings

A-13457630 Decided by District Director February 23, 1963 :Since a minister of religion is a member of the professions within the meaning of section 101(a) (32), Immigration and Nationality Act, as amended by P.L. 89-236, a visa petition is approved to accord beneficiary, a qualified minister of religion, preference classincation under section 208(a) (8) of the Act

The•beneficiary is a 80-year-old citizen of China who is presently in the United States. Iii 1958 he received a bachelor of arts degree in t nglish literature at the Taiwan Normal University, Taipei, 'Taiwan. Be also received a bachelor of divinity degree in theology and Christian education at the McCormick Theological Seminary, (Chicago, Illinois on May 14, 1965. Since May of 1965 he has been serving as pastor of the First Presbyterian Church, Hollister, Missouri. The beneficiary is a minister of religion. However, he is not seeking status as a "special immigrant" under section 101(a) (27) .(D) (i) of the Immigration and Nationality Act, as amended, which provides that: .(27) The term "special immigrant" means— (D) (i) an immigrant who continuously for at least two years immediately preceding the time of his application for admission to the United States has been, and who seeks to enter the United States solely for the purposes of carrying on the vocation of minister of a religious denomination, and whose services are needed by such religions denomination having a bona fide or- ganisation in the United States; . . .

No visa petition has been submitted to accord the beneficiary classification as a minister of. religion under the above-cited section for the reason that, whereas the approval by the Service of a visa petition was formerly required' to classify an alien under seetion 101(a) (27) (D), the provisions 'of the Act of October 3, 1965 (P.L. .89-236) which, became effective on December 1, 1965 no longer 697 InterimiDeeision #1410 require the filing of a'visa petition or the approval of a visa petition - as a. condition precedent to such classification. Furthermore, the beneficiary does not, at this. time, meet the requirement of section 101 (a) (2.7) (D) (i) that he "continuously for at least two years. immediitely preceding the time of his application for admission to the United States has been . carrying on the vocation of minister of a religious. denomination .. ." - Although lacking the two .years in vocation as a minister of religion required for classification as a "special immigrant," the beneficiary is seeking a preference classification under section 203. (a) (3) of the Immigration and Nationality Act, as amended, which provides for such preferende to be abcorded to "qualified immigrants- who are members of the professions, or who because of their exc,ep ; or the arts will substantially' benefittionalbyhe.sc prospectively.the national economy, cultural interest, or welfare of the United States." Section 101(a) (32) of the above Act states that "the term 'profes- sion' shall include but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies, or seminaries." While the vocation of minister of religion is not specifically men- tioned in Section 101(a) (32) of the Act, it is the view of this office that a person who has been graduated with a bachelor of divinity degree from an accredited school of divinity is a member of a pro- fession within the meaning of that section. It is noted that the McCormick. Sertiinary is listed in the -pUblication "Accredited Higher Institutions" published by the United States Department of Health, Education and Welfare, Office of Education.. publication. re- flects that this seminary has been accredited by the American Asso- iiiation of Theological Schools Commission an_,Accreditine. Section 204(a) of the Immigration and Nationality Act, as amend- ed, provides that ". . . any alien desiring to. be classified'as a prefer- ence 'immigrant under section 203(a) (3) (or any person on 'behalf of such an alien) . . . may file a petition .with the Attorney General for such classification." In accordance with this provision, the beneficiary has elected to file the petition in.his own behalf. Under sections 204.1(c) and 204.2(f), Title 8, Code of Federal Regulations, a visa petition seeking to classify an alien as a preference immi- trant under section 203(a) (3) ol-the Act, must be submitted to the Serice with Form ES-575A, Application for Alien Employment Certification, executed in accordance with the instructions attached to that form, and accompanied' by the evidence of the beneficiary's qualifications specified in those instructions. The alien has complied 698 Decision , 461610

with that requirement: The Form E8-575A and supporting docu- ments were referred by this office to the Bureau of Employment Security, Department of Labor, for consideration of the issuance of a certification pursuant to section 212(a) (14) of the Immigration and Nationality Act, as amended by the Act of October 3, 1905. A certification. was duly issued by, that Department, indicating that a shortage existed in the United States d persorii in the beneficiary's vocation, and that the beneficiary's employment in that vocation would not adversely affect the Wages and working conditions of persons similarly employed.' . . It is concluded that the alien has established that he is a mem- ber of a profession.. within the meaning of section 203(a) (3) of the Act, as amended. Be intends to engage in that profession within the United States. The certification required by section 211(a) (14) of the Act has been issued by an authorized representa- tive of the Secretary of Labor. - It is ordered that the petition be and is hereby approved.