. Interim Decision # 1645 

kiiTza *or Dzsst 

In Visa Petition Proceedings 

A-1478685 

Decided by liegional Commissioner September 8, 1966 

A visa petition to accord beneficiary preference classification under section 

203(a) (6), Immigration and Nationality Act, as amended by ItL. 89-230, 

as an orthopedic shoenlaker, is denied since petitioner's annual gross income 

($8,000) is not convincing that, pursuant to section 204(a) of the Act, he 

actually intends to employ the beneficiary at the weekly salary ($100) 

set forth in the Labor certification; further, there is no evidence beneficiary ben bad experience in making plastic forms and in repairing and 

altering orthopedic shoes as specified in the Labor certification. 

This matter is before the Regional COmmissioner on appeal from 

the denial of the visa petition to accord. the beneficiary sixth preference immigrant status as an orthopedic shoemaker. 

The petitioner is engaged in the manufacture of- orthopedic and 

custom-made shoes and in the repair of such footwear. The visa - 

petition discloses that he does a gross business of $8,000 a year; 

that he has one employee, his wife, who is unable to continue in 

the job because of poor eyesight; ;hat he requires the services of 

the alien in order to expand. It is further indicated that he has 

filed three previous petitions, although their disposition is not shown. 

The Department of Labor certification dated January 20, 1966, 

submitted in this case reflects that the position calls for a "shoe . 

fitter, custom made" with 5 years' experience. The rate of pay is 

shown as $100.00 per week and the duties of the job are described 

as, follows: . - 

Make plastic forms of deformed feet, and make shoes scaled to a particular 

individual's feet .Repair and make alterations on orthopedic shoes. 

The beneficiary is an Italian citizen, born September 8, 1952,-at 

Catona,' Reggio Calabria, Italy, who was admitted tO.-the United 

States for permanent residence on November 20, 1954. She subsequently returned to Italy on September 17, 1955, for the purpose 

of getting married and has since remained in that country with her 

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Interim Decision # 1645 

husband. The records of this Service further reveal that np to the 

time of her departure, the beneficiary was employed at a dress shop 

in Brooklyn, New York. The documentary evidence initially furnished with the petition stated that she was engaged as a sewer of 

orthopedic shoes" by Antonin Condello at Reggio Calabria, Italy, 

from October 1, 1955,'until December 31, 1960. Documents which 

were later submitted on appeal assert that she was actually employed there as an orthopedic shoemaker; that she took measurements of deformed feet, made the forms with chalk, and manufactured the completed shoe according to the customer's needs. 

The entire record in this case has been very carefully reviewed, 

and consideration given the additional evidence furnished on appeal. 

Section 204(a) of the Immigration and Nationality Act, as amended, 

provides in part that "any person desiring and intending to employ 

within the Milted. States an alien entitled to classification as a preference immigrant under section 208(a) (6), may file a petition with 

the Attorney General for such classification." (Emphasis supplied:) 

In the matter at hand, it is noted that the petitioner's gross volume 

of business amounts to only $8,000 a year. "Under the circumstances, 

we are not convinced that he actually intends and is financially able 

tp engage the beneficiary as an orthopedic shoemaker at the $100.00. 

weekly salary set forth in the Labor certification. 

In addition to the foregoing, the Depaftment of Labor's Dictionary of Occupational Titles, Volume II, Third Edition, reveals that 

the occupations of custom shoemaker, code 788.381, and orthopedic 

boot and shoe designer and maker, code 788.281, both fall within the 

category of highly skilled crafts in which appreriticeships providing 

2 to 6 years of on-the-job training and trade instruction are the generally accepted methods of entry into these fields. It is •purported 

that the instant beneficiary commenced employment as an orthopedic 

shoemaker, without any previous background in such work, 2 weeks 

after her arrival in Italy for the purpose of marriage. In any event, 

there is no evidence that she has had experience in making plastic 

forms, and in repairing and altering orthopedic shoes as specified in 

the Labor certification. 

In view of the foregoing, we do not find it has been satisfactorily 

established that the alien is entitled to sixth preference quota classification in the capacity for which her services are being sought. This 

appeal, therefore, will be dismissed. 

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

dithnissed. 

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