Interim. Debision #1438 

MIT= Or COLLETT! 

In Visa Petition Proceedings 

• A-13417458 

Decided by Assistant Commissioner March, 5,.1965 

A tailor who has had at least 5 years' Journeyman experience in all of the hand 

and/or machine sewing operations necessary to make an entire garment, 

such as a snit or overcoat, is accorded first preference quota classification 

under section 203(a) (1). Immigration and Nationality Act, as amended, 

regardless of his age at the time he acquired such experience. [Matter of R9 L & N. Dec. 299, overruled.] 

On December 11, 1964 the Regional Commissioner, Southeast 

Region, Richmond, Virginia, affirmed. the decision of the District 

Director, Philadelphia, Pennsylvania, who had. denied the visa petition to accord the beneficiary first preference classification under 

section 203(a) (1) (A) of the Immigration and Nationality Act. 

Thereafter, the Regional Commissioner reopened the petition on his 

own motion and, on February 11, 1965, entered an order withdrawing his decision 'of December 11, 1964 and approving the petition. 

Since the Regional Commissioner's order of February 11, 1965 was 

contrary to the decision of July 10, 1961 by the Assistant Commissioner, Central Office, in the Hatter of 9 L & N. Dec. 299, the 

Regional Commissioner certified. his order of Febivary 11, 1965 toy 

this office. 

The beneficiary is a native and citizen of Italy born. November 8, . 

1937. From 1952 to 1956 he served his apprenticeship as a tailor 

in Italy. Except during the period July 12, 1959 to December 5, 

1960 when he was performing military duty iri the Armed Forces 

of Italy, the beneficiary was continuously 'employed in his native 

country as a, journeyman tailor from 1956 r nil August 1963 when 

he came to the United States. At the time of the adjudication of 

the petition by the District Director, the beneficiary had over five 

years' journeyman experience, but only about 48 months of which 

was acquired after his 21st birthday. 

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Interim Decision #1438 

The District Director had denied the petition on the ground that 

the beneficiary did not have five years' journeyman experience as 

a tailor, acquired after the age of 21 years, as required by the Matter 

of AS—, supra. The Matt& of 8— recited that, after consultation 

with representatives of labor and industry the Service had concluded 

that an aggregate of five years' actual working experience as a journeyman tailor in the performance of all hand and/or machine sewing operations to make an entire garment, such as a suit or overcoat, 

was necessary for an individual to be recognized as a skilled tailor. 

Based upon Service experience prior to July 10, 1961 indicating that 

many young tailors were deserting the tailoring field after having 

gained admission to the United States as first preference quota immigrants, it was further decided in the Matter of B— that the five 

years' joUrneyman experience must have been acquired after the beneficiary's 21st birthday in order to qualify for first preference 

classification. 

Upon further consideration, it has now been concluded that a 

tailor who has had at least five years' journeyman experience in all 

of the hand and/or machine sewing operations necessary to make 

an entire garment, such as a suit or overcoat is qualified as a. skilled 

tailor; regardless of his age at the time he acquired such experience. 

Therefore, the decision in the Matter of 8—, 9 Z. & N. Dec. 299, is 

hereby overruled. 

The record establishes that the beneficiary has had the requisite 

journeyman experience to qualify as a skilled tailor. The petitioner 

has established an urgent need for the beneficiary's services in that 

capacity. 

The Regional Commissioner's decision of February 11, 1965 approving the petition is affirmed. 

ORDER: It is ordered that the petition be approved. 

72