Matter of Asuncion, Interim Decision Number 1600
| Citation | 11 I&N Dec. 660 |
| Decision Date | 17 May 1966 |
| Docket Number | Interim Decision Number 1600,A-13511195 |
| Parties | MATTER OF ASUNCION In Visa Petition Proceedings |
| Court | U.S. DOJ Board of Immigration Appeals |
Discussion: The District Director, Cleveland, Ohio denied the petition and certified the case to this office for review.
The petition seeks third preference classification of the beneficiary as a member of the professions based upon her qualifications as a medical technologist. She is a native and citizen of the Philippines, born January 15, 1938. She was awarded a bachelor of science degree in medical technology by the Centro Escolar University, Manila, Philippines, in May 1962 and successfully completed a one-year course in medical technology at St. Vincent's Hospital, Bridgeport, Connecticut, in October 1963. There is no doubt that the beneficiary is well trained as a medical technologist. She was certified as such on January 18, 1966 by the Registry of Medical Technologists of the American Society of Clinical Pathologists.
The record sets forth that the American Society of Clinical Pathologists in 1928 established the Registry of Medical Technologists. The Registry has come to be recognized by the leading hospital groups as the only authoritative qualifying body for this field. The record also shows that the requirements established by the Registry are recognized by such medical organizations as the American Medical Association, the American College of Surgeons, the American College of Physicians, the American Hospital Association, and by pathologists, other physicians and hospital superintendents.
The Registry defines a medical technologist as one who, "by education and training, is capable of performing, under the supervision of a pathologist or other qualified physician, the various chemical microscopic, bacteriologic and other medical laboratory procedures used in the diagnosis, study and treatment of disease."
The Registry's pre-technical training requirements are as follows:
Since January 1, 1962, the pre-technical educational requirements for admission to a School of Medical Technology approved by the Council have been as follows:
Graduation from an accredited high school or equivalent.
Three years (90 semester hours or 135 quarter hours) of collegiate training in any college or university approved by a recognized regional accrediting agency are required. The three years of college should be acceptable as the first three years of a baccalaureate program in Medical Technology. When preparatory training is properly integrated with professional training in a hospital school affiliated with a college or university, such training could lead to a baccalaureate degree in Medical Technology. Accredited collegiate training in preparation for the study of Medical Technology, as for any professional career, should provide the opportunity for a broad general education to include English, Social Sciences, Arts and Humanities.
Section 101(a) (32) of the Act, as amended, 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. Because the occupation of medical technologist is not by statute classified as a profession, and does not appear on the list of occupations granted blanket certifications by the Secretary of Labor set forth in 29 CFR 60.4, the District Director in accordance with 8 CFR 204.2(f) referred this matter to the Bureau of Employment Security of the Department of Labor for a determination as to whether the certification required by section 212(a)(14) of the Act should be issued and for an expression of opinion as to beneficiary's qualifications as a member of the professions.
Without issuing the certification, the Bureau of Employment Security returned the Form ES-575A, Statement of Qualifications of Alien, and the supporting evidence of the alien's qualifications, with the advice that in the Bureau's opinion, a medical technologist does not qualify as a member of the professions or as a person with exceptional ability in the sciences or the arts. No elaboration was made by the Bureau.
The opinion of the Bureau of Employment Security as to whether an occupation is a professional one is advisory. The determination of whether the alien is classifiable under section 203(a)(3) (or under section 203(a)(6)) of the Act is one for the Service to make, in accordance with section 204(b) of the Act, as amended. Since the petition seeks the alien's...
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