Matter of Bienkowski

• Decision Date: 07 November 1966
• Docket Number: A-17018948.,Interim Decision Number 1680
• Citation: 12 I&N Dec. 17
• Parties: MATTER OF BIENKOWSKI. In Visa Petition Proceedings.
• Court: U.S. DOJ Board of Immigration Appeals

12 I&N Dec. 17

MATTER OF BIENKOWSKI.

In Visa Petition Proceedings.

Interim Decision Number 1680

A-17018948.

Board of Immigration Appeals.

Decided by District Director November 7, 1966

Notwithstanding beneficiary has never received a degree in economics from an institution of higher learning, he is a qualified economist, and as such a member of the professions within the meaning of section 101(a)(32) of the Immigration and Nationality Act, as amended by P.L. 89-236, on the basis of his undergraduate studies in economics, his work history since 1954 in the field of economics and related activities culminating in his appointment as chief economist for a large corporation, and an advisory opinion from the Department of Labor that he is a qualified member of the professions; therefore, a visa petition is granted to accord him preference classification under section 203(a)(3) of the Act, as an economist.

The beneficiary was born on August 27, 1926, in Warsaw, Poland, and is a citizen of Canada, presently residing in Toronto, Ontario, Canada. The beneficiary, although never having been issued a degree from an accredited institution of higher learning, is an economist specializing in marketing and marketing management.

On February 11, 1966, the beneficiary filed a petition in Washington, D.C. under section 203(a)(3) of the Act to accord himself that preference classification as a member of the professions. Section 203(a)(3) of the Act provides in part that visas shall be made available "to qualified members of the professions." Section 101(a)(32) of the Act states that "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."

Volume I of the Third Edition of the Dictionary of Occupational Titles, published by the United States Department of Labor, contains the following definition: "Economist (professional and kindred) 050.088. economic analyst. Conducts research, prepares reports, and formulates plans to aid in solution of economic problems arising from production and distribution of goods and services: Devises methods for collecting and processing economic and statistical data, and compiles, organizes, and interprets such data. Advises private industrial concerns or Government agencies on matters, such as operating efficiency, marketing methods, and fiscal problems."

A commonly accepted criterion for determining whether an occupation falls within the meaning of the term "profession" is whether the occupation realistically requires the attainment of an education equivalent at least to a baccalaurete degree in the United States, as a prerequisite to the performance of the duties thereof. The beneficiary has never been issued any degree from an institution of higher learning;...