Interim Decision #1690 

IAA rraw OP IZAPBSICA 

In Visa Petition Proceedings 

A-14744930 

Decided by Regional Coninaissioner December 80,1966 

Visa petition to accord beneficiary preference classification under section 202 (a) 

(6), Immigration and Nationality Act, as amended by P.L. 89-226, as a 

general (live-in) maid, to assist petitioner's ailing wife in the performance of 

household duties, is denied for failure to establish that he actually desires 

and intends to so employ beneficiary since the only previous domestic help 

engaged by him has been on a once-a-month basis, despite his wife's illness; 

it has not been established that the situation, nature, or volume of work to be 

performed have substantially changed to now require an individual in such 

capacity; farther, petitioner states that beneficiary will go to school during the 

day and will assist his wife when not attending classes which is not in accord 

with the position specification of full-time domestic set forth in the Department 

of Labor certification. 

This matter is before the Regional Commissioner on. appeal from the 

denial of the visa petition to accord the beneficiary preference classification under section 203(a) (6) of the Immigration and Nationality 

Act, as amended. 

The petitioner seeks the services of a general maid to clean house, 

cook and do some ironing. Form ES-575B, "Job Offer for Alien 

Employment", which has been submitted in this case contains the required certification of the Department of Labor as to the unavailability 

of workers in the United States to perform such labor. It is further 

reflected therein that the job does not call for any special education, 

training or experience; that the alien will assist the petitioner's wife, 

who has been ill, in the performance of household duties; that the rate 

of pay for the position is $45 per forty-hour week, plus room and 

board; that she would work daily from 8:00 a.m. to 6:00 p.m. 

The beneficiary is an unmarried Polish citizen, born October 29, 

1948 at Niwbiessczany, Poland. The petition shows her occupation as 

"student and domestic" and states that "she is a young girl who will 

attend school and do housework". Form ES-575A, "Statement of Qualifications of Alien", ieflecte that the beneficiary has attended school 

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Interim Decision #1690 

through the eighth grade and has assisted her mother with household 

duties. 

The petitioner was interviewed at the Boston Office of this Service 

at which time he stated that he and his wife occupy an eight-room 

apartment in the six-family house which he owns • that he earns approximately $10,000 a year, such income being derived from house 

rentals and from operation of his secondhand furniture store; that the 

beneficiary (who is his niece) will go to school days, primarily to learn 

English, and will assist with the housework; that he and his wife have 

not previously employed a live-in domestic but have hired a person 

once a month to help with the cleaning. It has been further asserted 

on appeal that the petitioner's spouse is sixty -three years old and has 

not been well since she had a gall bladder operation about three years 

ago; that, in addition, she has three ruptures and can hardly walk; 

that she will need constant help for the rest of her life. 

The entire record in this case has been very carefully considered in 

the light of the representations made on appeal. It is noted that the 

only domestic help which the petitioner has engaged heretofore has 

been on a once-a-month basis despite his wife's illness. It has not been 

substantiated that the situation has changed to the extent that the 

services of a sleep-in maid are now required, or that the nature and 

volume of the work to be performed justifies the employment of an 

individual in such capacity. We further find that the labor certification submitted in this matter reflects that the position calls for a fulltime domestic worker during daylight hours: The petitioner has 

advised on interview, however, that the beneficiary will go to school 

during the day and will assisthis wife with household duties when she 

is not attending classes. 

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

established that the petitioner' actually desires and intends to engage 

his niece as a general maid and that such employment will be in accordance with the conditions set forth in the Department of Labor certification. The decision of the District Director, therefore, will be affirmed. 

It is ordered that the denial of the visa petition be and same is hereby 

affirmed. 

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