Interim Decision #1856 

MAI-Luc or PEREZ 

In Visa Petition Proceedings 

A-18187416 

Decided by District Director March, 22, .1968 

Benenclary, who has a B.A. degree with a major in journalism and more than 3 

years experience as a journalist, is a qualified journalist within the meaning 

of sections 101(a) (32) and 203 (a) (3) of the Immigration and Nationality Act, 

as amended. 

The petition was filed by the beneficiary for third preference classification as a member of the professions based upon his qualifications as 

a journalist. 

He is married, a native and citizen of the Philippines, presently 

residing with his spouse in the Philippines. In 1961, following four 

years of study, he was graduated from San Beda College, Manila, 

Philippines, with a bachelor of arts degree. His major field of study 

was in journalism, his minor field was in English. He was employed 

from July 1964 to date, by the Department of Agriculture and Natural 

Resources, Quezon City, Philippines, as an Information Writer. His 

duties include that of acting copy editor of the Philippine Journal of 

Animal Industry; article research; and the writing of leaflets, pamphlets, brochures, press releases, and other publications for the 

Department. 

Section 203 (a) (3) of the Act, as amended, relates to issuance of immigrant visas "to qualified immigrants who are members of the professions, or who because of their exceptional ability in the sciences or 

the arts will substantially benefit prospectively the national economy, 

cultural interests, or welfare of the United States." The term "profession" is defined in section 101 (a) (32) of the Act as including but 

not being limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary schools, colleges, academies, or 

seminaries. 

The Occupational Outlook Handbook, 1966-67 edition, published by 

the Department of Labor Statistics, United States Department of 

Labor, contains on pages 231-234, a discussion of the employment of 

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Interim Decision *1856 

persons in newspaper writing occupations. In discussing the nature, 

training and qualifications for this work, the handbook includes the 

following statements: 

Specialized reporters, who are well-versed in a subject matter field as well as 

in writing, are increasingly interpreting and analyzing the news in subject 

fields such as medicine, politics, science, education, business, labor, and religion. 

Although talented writers with little or no academic training beyond high 

school sometimes become reporters, an increasing number of newspapers will 

consider only applicants with college education; graduate work is also becoming 

increasingly important Some editors prefer those with a degree in journalism; 

other consider a degree in liberal arts as equally desirable. 

Young people who wish to prepare for newspaper work through a liberal arts 

curriculum should take English courses that include some journalism, as well as 

such subjects as sociology, political science, economics, history, and psychology. 

%%vie who look forward to becoming technical writers, or to reporting in a special such as science, should concentrate on course work in their subject matter 

areas to the maximum extent possible. 

Some experienced reporters advance to positions such as columnist, correspondent, or editor ; but these positions represent the top of the field and eompe. 

tition for them is keen. 

Section 212(a) (14) of the Immigration and Nationality Act, as 

amended, provides that third preference aliens must be issued a certification by the Secretary of Labor to the effect that qualified workers 

in the "United States are unavailable, and that the alien's employment 

would not have an adverse effect on wages and working conditions of 

workers similarly employed in this country. Under 8 CFR 2042(f) 

the Secretary of Labor's determination with respect to the issuance of 

the required certification is obtained before any third preference petition may be approved. In view of his degree, and because his major 

field of study was not one listed in Schedule A, Group II, 29 CFR, 

his credentials were referred to the Department of Labor for consideration of issuance of the required certification under Schedule C, Group 

II, 29 CFR. The certification was issued in the instant case, under 

Schedule 0, Group II, 29 CFR, indicating that in the Department of 

Labor's opinion the beneficiary qualified as a professional person in 

his field. 

Although formerly, and possibly even today, a talented, experienced 

person without a degree in journalism could find employment in that 

field, it appears the opportunities for such persons are becoming less 

and less. From the foregoing it is -apparent that a baccalaureate degree 

is now the accepted educational requirement for entry into the field of 

journalism, and consequently that occupation, meeting the high educa 

tional level of other professions, likewise qualifies as a professional 

occupation. 

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Interim Decision #1856 

The record reflects that the beneficiary possesses a bachelor of arts 

degree, with a major field of study in journalism, and a minor field in 

English, both fields being highly desirable for a journalist, and he has 

had more than three years of experience as a journalist. We concur 

in the opinion of the Department of Labor concerning his qualification 

for classification as a professional person under section 203(a) (3) of 

the Act. 

ORDER: It is ordered that the petition to accord the beneficiary 

third preference classification be and hereby is approved. 

703