Matter of Ho

• Decision Date: 23 February 1967
• Docket Number: Interim Decision Number 1715,A-14622750.
• Parties: MATTER OF HO In Visa Petition Proceedings
• Court: U.S. DOJ Board of Immigration Appeals

12 I&N Dec. 148

MATTER OF HO

In Visa Petition Proceedings

Interim Decision Number 1715

A-14622750.

Board of Immigration Appeals.

Decided by Regional Commissioner February 23, 1967.

Notwithstanding beneficiary may qualify as a member of the professions on the basis of his education, since he intends to be engaged in the United States as a translator, which occupation is not classifiable as a profession within the meaning of section 101(a)(32) of the Immigration and Nationality Act, as amended by P.L. 89-236, he is ineligible for third preference classification under the Act as a translator.

This case comes forward on appeal from the decision of the District Director, Los Angeles, who denied the petition on October 13, 1966, in that the beneficiary has not established that he is a member of the professions and therefore is ineligible for preference classification under section 203(a)(3) of the Immigration and Nationality Act, as amended.

The petitioner in this case, who has petitioned in his own behalf, is a 47-year-old married male, a citizen of China and a native and resident of Hong Kong. On May 9, 1966 he filed the instant petition seeking preference classification as a member of the professions based on his occupation as a "translator."

In support of his petition, he presented Form ES-575, Part A, "Statement of Qualifications," wherein he stated that he seeks work as a "translator; language teacher; social worker" and that he studied sociology in Japan at Meiji University from September 1935 to July 1936 and at Nihon University from September 1936 to July 1937 receiving from the latter university a Bachelor's Degree in Sociology; and government and politics at the Central Institute of Politics, Hankow, China, in 1938; and took a course in 1947 in traffic management from the La Salle Extension University, Chicago, Illinois. The beneficiary stated that he was employed from January 1952 to June 1964 as a translator in the Criminal Investigation Department of Police Headquarters of Hong Kong and from July 1964 to July 1965 in the same capacity by Radio Hong Kong. Since July 1965 he has been employed as a translator by the Agriculture and Fisheries Department of Hong Kong. His present duties consist of translating Japanese fishery research bulletins; papers on agricultural and fishing activities in Communist China and the Republic of China; literature on marketing schemes and co-operative movements, and official documents of various kinds; and interpreting at conference in which non-English speaking people discuss matters with English speaking people. He was also a social welfare officer in China for three years before joining the Chinese military service as a translator in 1943.

In addition, he presented diplomas from Nihon University, Central Institute of Politics, and La Salle Extension University; a certification and letters pertaining to his appointment and experiences as a translator; and a radio script prepared in Chinese and two technical translations.

Section 203(a)(3) of the Act provides that visas shall be made available to qualified immigrants who are members of the professions or who, because of their exceptional ability in the sciences or arts, will substantially benefit prospectively the national economy, cultural interests or welfare of the United States.

Section 212(a)(14) provides for the exclusion of aliens unless the Secretary of Labor has certified that there are not sufficient workers in the United States who are willing,...