Interim Decision #1795 

MATTER or Wv 

In Visa Petition Proceedings 

A-13743684 

Decided by District Director Arne 18, 1967 

Since vocational counseling, which requires a college degree at the 4-year level 

as a minimum requirement for entry into that field, is a profession within the 

meaning of section 101(a) (82) of the Immigration and Nationality Act, as 

amended, and beneficiary is a cpialbled vocational counselor, having an M.A. 

degree in education with a major in counseling and guidance as well as experience in the field, a visa petition is granted to accord her preference classification 

under section 203. (a) (3) of the Act as a vocational counselor (rehabilitation). 

The petition was filed to accord third preference classification to the 

beneficiary as a member of the professions based upon her qualifications 

as a vocational counselor (rehabilitation). The beneficiary is a female, 

born in Shantung, China, a citizen of the Republic of China, age 29, 

presently residing in Mt. Rather, Maryland, with her husband. 

The beneficiary received her bachelor of science degree in education 

from Taiwan Normal University, Taipei, Taiwan, in 1962, and master's 

degree in education from Miami University, Oxford, Ohio, in June 

1965. Her major field of study was counseling and guidance. She was 

employed as a teacher and counselor from September 1961 to July 1963 

by the Taiwan School for the Blind and Deaf, Taipei, Taiwan; from 

September 1964 to June 1965 as a graduate assistant, helping the professors organize teaching material in the field of mental retardation, 

and participated in a research project on the mentally retarded programs offered by the colleges and universities in the United States by 

Miami University, Oxford, Ohio; from September 1965 to February 

1966 as 'assistant residence director, providing guidance and counseling 

for student with academic and personal problems by the Catholic 

University of America, Washington, D.C.; and from April 1966 to 

present as a vocational rehabilitation counselor by the District of 

Columbia, Department of Vocational Rehabilitation, Washington, 

D.C. The beneficiary intends to engage in her profession in the -United 

States. . 

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Under section 212(a) (14) of the Immigration and Nationality Act, 

as amended, a third preference immigrant is ineligible for an immigrant visa and for admission to the United States unless the Secretary 

of Labor issues a certification to the effect that qualified workers are 

not available in the United States and that the employment of the 

alien will not adversely affect the wages and working conditions of 

persons similarly employed in this country. Pursuant to section 

204.2(f), Title 8, Code of Federal Regulations, the required labor 

certification must be obtained before any visa petition is approved for 

third preference classification. 

In Schedule A, Group I, section 60, Title 29, Code of Federal Regulations, the Secretary of Labor has indicated that he has, in advance, 

issued a "blanket" certification pursuant to section Ma (a) (14) of the 

Act with respect to all "Persons who received an advance degree in a 

particular field of study from an institution of higher learning accredited in the country where the degree was obtained (comparable to a 

Ph. D..or master's degree given in American colleges or universities)." 

The Education Directory 1965-1966, Part 3, Higher Education, 

published by the Department of Health, Education, and Welfare lists 

Miami University, Oxford, Ohio, as an accredited university. Therefore, the maseer's degree bestowed upon the beneficiary is sufficient to 

qualify her for the "blanket" certification authorized by the Secretary 

of Labor. 

Section 101(a) (32) of the Act, as amended, provides that, "The 

term 'profession' shall include but not be limited to architects, engineers, lawyers, physicians, and teachers in elementary or secondary 

schools, colleges, academies or seminaries." 

The beneficiary's vocation, that of vocational counselor, is not specifically named in section 101 (a) (32) of the Act as a profession. However, the Dictionary of Occupational Titles, Volume 1, Definitions of 

Titles, Second Edition, published in 1949 by the Department of Labor, 

lists the occupation of "vocational counselor" as "professional and 

kindred" (page 1457). The Third Edition of that Volume published 

in 1965, on page 173 also classifies the position of vocational counselor 

as "professional and kindred." In addition, Volume II of the Third 

Edition of the Dictionary, at page 295, contains the following statements concerning the nature of the work and the educational and 

training requirements for entry into the occupation of vocational counselor and related occupations : "Work activities in this group primarily 

involve guiding and/or counseling individuals or groups in the solution of occupational, educational, personal or social problems. Typical 

situations would be assisting prison parolees in gaining employment 

and adjusting to society; . . . counseling unhappy or frustrated 

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Interim Decision #1795 

workers or jobseekers into more fulfilling work; .. .". "A college degree is the minimum requirement for entry into this field. In most 

cases, education beyond the 4-year college level is required. . . . Most 

municipal and State governments and private organizations require 

two years of graduate study. . . . Most States issue counselor certificates only to people with a master's degree or the equivalent in counselor education, as well as actual teaching experience." 

The high degree of education and experience required for entry into 

the field of vocational counselor is comparable to the degree of education required for the specific professions named in section 101(a) (82), 

supra. Accordingly, it is concluded that the applicant as a. vocational 

counselor is a qualified member of the professions. 

ORDER: It is ordered that the petition be approved and the beneficiary accorded third preference under section 2u3 (a) (3) of the Immigration and Nationality Act, as amended. 

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