Interim Decision *1913 

MATTER OE LING 

In Visa Petition Proceedings 

• A-10800904 

Decided by Regional Commissioner October 28, 1968 

Since "business administration" is a general term including both professional and nonprofessional activities, a degree in business administration 

alone is insufficient to qualify the holder thereof as a member of the professions under section 101(a) (32) of the Immigration and Nationality Act, 

as amended, unless the academic courses pursued and knowledge gained is 

a realistic prerequisite to a particular occupation in the field of business 

administration in which he is engaged or plans to be engaged; hence, petitioner, who has a Bachelor of Science degree in Business Administration, 

is denied preference classification under section 203(a) (3), of the Act 

since he has failed to establish in what profession, if any, in the field of 

business administration he intends to engage or is qualified. 

ON BEHALF or PErrriorma: Wellington Y. Ewan, Esquire 

1260 Wilshire Boulevard, Suite 100 

Los Angeles, California 90017 

This case comes forward on appeal from the decision of the 

District Director, Los Angeles, who on August 12, 1968, denied 

the petition in that petitioner had failed to establish an intent to 

engage in a professional occupation. Oral argument was requested and granted. Counsel appeared for such argument as 

scheduled. 

Petitioner is a 38-year-old married male, a native and citizen of 

China who was admitted to the United States as a student on October 20, 1956, and received extensions of stay in that status to 

June 1, 1963. 

The record shows the petitioner obtained a Bachelor of Science 

degree in Business Administration from a Los Angeles college on 

August 29, 1958, and that he was employed as a bookkeeper from 

1958 to 1960, as a bank teller from 1962 to 1966, and has since 

April 25, 1966, been employed in Los Angeles as an electronic 

technician. 

The present petition was filed March 21, 1968, for preference 

35 
Interim Decision *1913 

classification under section 203 (a) (3) of the Act as a member of 

the professions as "business administration." Form ES-575A, 

"Statement of Qualifications," indicates that petitioner is seeking 

work in the United States as a "business manager." 

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

follows: "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." In the Matter of Asuncion, 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 nrofessions normally requires a successful completion of a 

specific 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. 

In the Matter of Shin, 11 I. & N. Dec. 686, it is brought out 

that "profession" as defined by section 101 (a) (32) of the Immigration and Nationality Act, as amended, contemplates knowledge 

or learning—not merely skill—of an advance type in a given field 

gained by a prolonged course of specialized instruction and study 

of at least baccalaureate level, which is a realistic prerequisite to 

entry into the particular field of endeavor. 

The primary issue in his case is whether or not "business administration" or be it "business administrator" is a profession 

which falls within the definitions of professions which qualify for 

preference classification under section 203 (a) (3) of the Act. 

The DICTIONARY OF OCCUPATIONAL TITLES, Volume I, 

"Definition of Titles," published by the Department of Labor, 

names and defines 35,550 separate occupations but does not include business administration, business administrator or business 

manager as an occupation or profession. Review of Volume II, 

"Occupational Classification" of the DICTIONARY OF OCCUPATIONAL TITLES, and of the supplement to the 

DICTIONARY fails to identify business administration, business 

administrator or business manager as an occupation or profession. 

"Business administration" is a broad field, a field which contains various occupations and/or professions, all of which are related to the world of business but each requiring a different 

academic preparation and experience peculiar to its needs. The 

OCCUPATIONAL OUTLOOK HANDBOOK, also published by 

the Department of Labor, shows that business administration is a 

36 
Interim Decision * 1913 

general term and includes various occupations such as accountant, advertising workers, industrial traffic manager, marketing 

research workers, personnel workers, and purchasing agents; 

thus, including both professional and nonprofessional activities. 

Careful review of the discussion of these occupations shows that 

while all are related to the world of business, each has its own 

emphasis on the academic training and experience required for 

qualification in that occupation. It is evident that while a person 

may have a degree in, business administration, such degree may 

qualify him for some but not all of the occupations included in 

the broad field of business administration. For example, a person 

with a degree in business administration, major in accounting, 

would not qualify as a public relations man or personnel manager 

and vice versa. Therefore, a petitioner with a business administration degree must clearly establish a particular area and occupation in the field of business administration in which he is engaged or plans to be engaged and must also establish that he 

meets the special academic and experience requirements of that 

designated activity, as a prerequisite to a determination as to 

professional status. 

In the instant case the Secretary of Labor, pursuant to section 

212 (a) (14) of the Act, has issued a certification for "administrative specialities" under Schedule C, Group II, of 29 CFR 60 with 

the initial three digit code of 169. The supplement to the DICTIONARY OF OCCUPATIONAL TITLES lists 38 different occupations under this initial three digit code, occupations which 

range from six months to ten years in the SVP (specific vocational preparation) time required to acquire proficiency in a 

given occupation. This list of 38 occupations does not include 

business administration or business administrator or business 

manager. Certification has been issued, but the petition does not 

indicate that petitioner will be employed in any of the occupations in code 169 that are certified. 

Counsel cites Matter of Shin, 11 I. & N. Dec. 686. This case relates to a person who sought preference classification as an economist, had a master's degree in economics and was working on his 

doctorate. This decision in part stated : 

The mere acquisition of a degree or equivalent experience does not of itself 

qualify a person as a member of a. profession. The knowledge acquired must 

also be of a nature that is a realistic prerequisite for entry into the particular field of endeavor. 

The decision points out that a degree in business administration alone is not enough to qualify the holder as a member of the 

37 
Interim Decision #1913 

professions unless the academic courses pursued and knowledge 

gained is a "realistic prerequisite" for the profession; so that if 

he seeks recognition as an accountant, his academic courses be 

predominantly in that area rather than in the general field of 

business administration. 

Counsel also cites Matter of Chu, 11 I. & N. Dec. 881. The 

headnote to that decision, which of course is not part of the decision, is misleading and may have caused some misunderstanding. 

It indicates that "business administration" is a profession. How r

-ever, careful reading of the decision itself establishes that it is 

occupations in the field of business administration that may be 

professions. Our review of the record in this case shows that it 

relates to a person seeking recognition as an accountant who had 

a baccalaureate degree in business administration in the field of 

accounting, who was seeking work as an accountant, who was 

working for a firm which had stated, "Peter Chu has the college 

and accounting background we need," and was utilizing his accounting skills on his job described as follows: 

His background of a college degree and accounting fulfills the unique requirement we need to fill our sales positions. Their duty is to analyse systems in various offices and show how mechanized accounting assists customer 

to get more current information and a much more efficient operation. He 

must also install and train on these systems. 

The decision quotes a Department of Labor letter as follows : 

Mr. Chu's degree in Business Administration was given by an accredited 

United States college. Graduates of business administration courses may 

qualify for several occupations coded as professional in the second edition of 

the Dictionary of Occupational Titles, e.g., Accountant, Auditor, Property-rehabilitation Clerk (in insurance), Dealer-Contact Man, Employment Manager, Personnel Manage; Salary and Wage Administrator, Field Representative, to name some. Business Administration graduates may qualify for a 

greater number of professional occupations defined in the third edition of 

the DOT. 

This letter points out that a business administration graduate 

may qualify for several professional occupations but not all professions in the general field of business. A person would have had 

to take courses, or gained knowledge (considered to be a realistic 

prerequisite), in a particular occupation or profession in the field 

of business administration and designated by him as the profession in which he seeks preference classification. 

In reference to the Department of Labor letter quoted above, 

the Regional Commissioner stated : "We agree with the Department of Labor that occupations in business administration for 

which a person qualifies by reason of high education are profes38 
Interim Decision #1913 

sional occupations." He did not say that a business administration degree qualified a person for all occupations in business. He 

referred to occupations in business administration, and limited 

those occupations to those for which the person qualified (by reason of high education) and are recognized as professional occupations. 

Considering all the factors as discussed above, we cannot find 

that it has been established that "business administration" is a 

profession, The record has failed to establish in what profession, 

if any, petitioner is either qualified for or intends to engage in. 

He has not established that he has been engaged in any profession. Occupations in which he has work experience—bookkeeper, 

bank teller, and electronic technician—are not professions. In the 

Matter of Drantigan, 11 I. & N. Dec. 493, it is held that the burden of proof to establish eligibility for a desired preference rests 

with the petitioner. That burden of proof has not been met. 

The case will therefore be remanded to the District Director to 

afford petitioner an opportunity to supplement his application 

with such evidence as he may desire to establish his claimed professional capacity, in conformance with the discussion herein. 

The District Director is authorized to consider such additional evidence as may be presented and make his decision anew. 

ORDER: It is ordered that the case be remanded to the District Director in line with the above. 

39