Interim Decision #1641 

MATTER or BEM 

In Visa Petition Proceedings 

A-14974695 

Decided by Acting District Director July 98, 1966 

Since beneficiary lacks the equivalent of a baccalaureate degree in engineering 

as conferred by accredited United States colleges or universities and no 

evidence of any experience by him in mechanical engineering has been 

submitted, be does not qualify for professional status as a ,mechanical 

engineer ; therefore, a visa petition to accord him preference classification 

under section 203(a) (3), Immigration. and Nationality Act, as amended by 

89-230, as a mechanical engineer, is denied.. 

The petition was filed by the beneficiary, for third preference 

classification as a member of the professions based upon his qualifications as a mechanical engineer. 

He is a single, native and citizen of India, born March 20, 1942, 

presently residing in Canada. He attended the Sri GUru Tech 

Bahadur Kbalsa College, Delhi, India, where, in April 1961, he 

obtained a bachelor of science degree, with honors in mathematics, 

On July 81, 1962, in England, he was awarded a diploma in refrigeration. following a full-time course of study during the 1961-62 

session, by the National College for Heating, Ventilating, Refrigeration and Fan Engineering. As a result of this diploma, he was 

elected a member of the Institute of Refrigeration on August 28, 

1962. On. July 16, 1964, he was awarded a Higher National Certificate in Mechanical Engineering, in London, England, This 

Certificate attests that the beneficiary hid satisfactorily completed. 

anapproved part-time course at North-West Sent College of Technology, Dartford, England, in. the following subjects: First Year—

Strength of Materials; Theory of Machines; Heat Engines: Second 

Year—Strength of Materials; Theory of Machines; Heat Engines. 

(Assessed). No other evidence of recognition by a national or international society was submitted, nor was evidence of lie,ensure as a 

mechanical-engineer submitted. No evidence of employment in the 

4e1d of mechanical engineering was submitted. 

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Interim Decision #1641. 

Under section 208 (a) (3) of the Act, third preference quota status 

may be accorded to "qualified immigrants who are members of the 

professions." 

Recognition of professional status normally is attained through 

completion of high education, followed by licensure or other similar official permission to practice a profession. Section 101(a) (32) 

of the Act, 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. 

The Secretary of Labor has issued a list of categories of employment in Schedule A, Section 60, Title 20, Code of Federal Regulations, for which he has certified. pursuant to section 212(a) (14) Of 

the Immigration and Nationality Act, as amended, that there are 

not sufficient workers who are able, willing, qualified and available 

for employment, and that the employment of aliens in such categories will not adversely affect the wages and working conditions 

of workers in the United States similarly employed. Schedule A 

reflects that the Secretary of Labor has granted such "blanket" 

certification to a person whose education or experience is equivalent 

to the baccalaureate degree conferred by accredited United. States 

colleges and universities in mechanical engineering. 

Inclusion in Schedule A does not necessarily mean that a particular occupation is classifiable as a profession, inasmuch as Schedule A includes nonprofessional as well as professional occupations. 

However, section 101(a) (32) of the Immigration and Nationality 

Act, as amended, states specifically that the term "profession" shall 

include "engineers". It is 'concluded that, if the beneficiary has an 

education or experience equivalent to a baccalaureate degree in engineering conferred by accredited United States colleges or universities, he is not only entitled to the "blanket" certification of the 

Secretary of Labor pursuant to Schedule A, 29 CFR 60, but is also 

classifiable as a member of the professions within the meaning of 

section 208(a) (8) of the Immigration and Nationality Act, as 

amended. 

No evidence of any experience by the beneficiary in mechanical 

engineering has been submitted. Since his education was not clearly 

equivalent to a baccalaureate degree in engineering conferred by an 

accredited college or university in the United States, the evidence of 

his educational qualifications was referred to the Office of Education, Department of Health; Education, and Welfare for an advisory 

opinion in terms of its equivalency to as education in the United 

States_ In their reply, that Office stated that the beneficiary has 

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Interim Decision #1641 

the approximate-equivalent of high school education, plus two years 

of college credit in engineering. The reply noted further that upon 

departure from India, the beneficiary had the general equivalent 

of high school graduation, plus 1 year of college credit; that his 

further education is England added an additional year of college 

credit. 

Because of his lack of the equivalent of a baccalaureate degree 

as conferred by United States colleges or universities, it can only 

he concluded that the beneficiary does not qualify for professional 

status as a mechanical engineer, and the petition to accord him 

third preference classification must necessarily be denied. 

Examination of the evidence establishes that the beneficiary is 

qualified for work involving a high degree of skill. Section 203(a) 

(6) of the Act, as amended, provides for sixth preference classification for aliens capable of performing skilled or unskilled labor, 

not of, a temporary or seasonal nature, for which a shortage of 

employable and willing persons exists in the United States. 

The denial of the petition for third preference classification is 

without prejudice to determining his qualifications for sixth preference, if a petition to accord him that classification, supported by 

the required Department of- Labor certification, is submitted in his 

behalf by an actual' or prospective employer. • 

ORDER: It is ordered that the petition to hecord the beneficiary 

third preference classification be and hereby is denied. 

804