Interim Decision #1935 

MATTER OF HUCKENEFICK 

In Visa Petition Proceedings 

A-14185236 

Decided by Regional Commissioner January 16, 1969 

Since an industrial designer is not a member of the professions within the 

meaning of section 101 (a) (32) of the Immigration and Nationality Act, as 

amended, beneficiary is ineligible for preference classification under section 203 (a) (3) of the Act, as amended, as an industrial designer. 

ON BEHALF OF PETITIONER: Fred W. Hill, Esquire 

250 East First Street, Suite 900 

Los Angeles, California 90012 

This case comes forward on appeal from the decision of the 

District Director Los Angeles who denied the petition on November 26, 1968, in that the petitioner had failed to establish that the 

beneficiary, as an industrial designer, was a member of the profession.s eligible for preference classification under section 

203 (a) (3) of the Immigration and Nationality Act, as amended. 

Oral argument was requested and granted. Counsel appeared 

with the beneficiary as scheduled. 

The petitioner is an industrial design firm located in Beverly 

Hills, California, serving the Los Angeles area as consultants to 

industry in product planning, design and development of products 

for mass production. The petitioner seeks the services of the beneficiary as an industrial designer and filed the present petition on 

June 28, 1968, for classification of the beneficiary as a member of 

the professions under section 203 (a) (3) of the Act, as an industrial designer. 

The beneficiary is a 26-year-old single male, a native and citizen of Germany who was last admitted to the United States as a 

visitor on May 26, 1968, to August 1, . 1968, and now resides in 

Los Angeles. The record shows that the beneficiary attended a 

college of industrial design in Germany from October 1962 to 

June 1963 and on September 5, 1964 was admitted to the United 

States as a student to study industrial design at an art school in 

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Interim Decision *1935 

Los Angeles from which he graduated in May 1967 with a Bachelor of Science degree with a major in industrial design (product). 

The record also shows that the beneficiary had about four years 

work experience in industrial design in Germany and a year of 

practical training experience in industrial design in the United 

States. 

• The record indicates that the beneficiary is qualified as an industrial designer and well qualified to perfrom the duties and 

functions of the occupation. However, the issue in this case is to 

determine if the occupation of industrial designer may be considered a profession within the meaning and contemplation of section 101 (a) (32) of the Act which defines the term profession and 

to determine whether the occupation of industrial designer requires the high degree of academic training characteristic of the 

professions. 

Section 101 (a) (32) of the Act defines the term "profession" as 

including but not being limited to architects, engineers, lawyers, 

physicians, surgeons and teachers in elementary or secondary 

schools, colleges, academies or seminaries. 

In the Matter of Auncion, 11 I. & N. Dec. 660, it is stated: 

Examination of the occupations named in section 101(a) (32) of the Act indicates the following characteristics common to all: (1) recognition as a 

member of those professions normally requires the successful completion of 

-a specified course of education on the college or university level, culminating 

in the attainment of a specific type of degree or diploma; and • (2) the attainment of such degree or diploma is usually the minimum requirement for 

entry into those occupations. 

And it further states : 

If the degree or diploma he obtains equips the individual to enter an occupation for which the acquisition of the degree or diploma is not a realistic prerequisite, that occupation may not be considered to be a profession. 

Review of Volume II of the Dictionary of Occupational Titles, 

and the Occupational Outlook Handbook, publications by the Department of Labor, shows that the occupational code of industrial 

designer is 142.081. These publications show that the completion 

of a two to three year course of study in theory and practice of 

industrial design in an art school, a vocational school or an art 

department of a college or university is the usual requirement for 

entry into the field of industrial design. While it is true as indicated by counsel that colleges and universities may grant academic degrees in industrial design upon the completion of four or 

even five years of academic study such a degree is not an academic prerequisite for performance of the duties of an industrial 

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Interim Decision #1935 

designer. Schools will issue a diploma to students completing a 

two or three year specialized course in industrial design which is 

acceptable preparation for entry in industrial design positions. 

In the Matter of Palanky, 12 I. & N. Dec. 66, decided by the 

Regional Commissioner December 19, 1966, it is held that since 

the satisfactory completion of two or three years of study in a 

school or institute below the level of college or university is generally acceptable for entry into the field of commercial art, the-occupation of commerical artists is not a profession within the 

meaning of section 101 (a) (32) of the Act. 

It is noted that Volume II of the Dictionary Of Occupational 

Titles, and the supplement thereto gives the same terminal three 

digit code of .081 to the occupation of commercial artist and industrial designer both occupations requiring two to three years of 

academic preparation. 

Counsel on appeal presented various pamphlets and other 

printed material relating to the occupation of, and careers in, industrial design which explain in detail the duties and functions of 

that occupation and its importance in modern industry. It is 

noted that one of the pamphlets entitled "Careers in Inudtsiral 

Design" prepared by the "Industrial Designers Society of America" states in part: "Although a degree isn't a fixed requirement 

for an industrial Design job, most employers favor job hunters 

with degrees or certificates of graduation from recognized 

schools" and further indicates that it is anticipated that in the 

future degrees will be necessary. 

Counsel's further references in oral argument on the issue of 

whether the term "Industrial Designer" came within the statutory definition of "profession" failed to furnish sufficient basis as 

further aid in construction of the term "profession" involved in 

these proceedings. The record makes it clear that a satisfactory 

completion of two or three years of specialized study is acceptable 

for entry into the field of industrial design and that the acquisition of a baccalaureate degree is not essential. 

In the Matter of Brantigan, 11 I. & N. Dec. 493, it is held that 

the burden of proof to establish eligibility for a desired preference rests with the petitioner. The petitioner has failed to establish that the occupation of industrial designer is a profession. The 

beneficiary is not eligible for classification under section 

203 (a) (3) of the Act. The appeal will be dismissed. 

The denial of the petition, however, is without prejudice for 

consideration for sixth preference classification should the petitioner obtain a definite offer of employment from a prospective 

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Interim Decision #1935 

employer in the United States seeking his services and an appropriate certification be issued by the Department of Labor pursuant to section 212 (a) (14) of the Act, as amended. 

ORDER: It is ordered that the appeal be and the same is 

hereby dismissed. 

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