Interim Decision #1907 

MATTER OF KIM 

In Visa Petition Proceedings 

A-17238448 

Decided by Regional Commissioner October 4, 1968 

NvtAvithstanding beneficiary is a qualified pharmacist and, fence, a member 

of the professions within the meaning of section 101(a) (32) of the Immigration and Nationality Act, as amended, he is ineligible for preference 

status under section 203(a) (3) of the Act since he is not presently engaged, nor does he intend to engage, in the profession of pharmacist. 

ON BEHALF OF PETITIONER: John F. Sheffield, Esquire 

412 West Sixth Street 

Los Angeles, California 90014 

This case comes forward on appeal from the decision of the 

District Director, Los Angeles, who denied the petition on August 

13, 1968 in that the petitioner did not intend to engage in his 

qualifying profession in the United States. 

Oral argument was requested and granted. Subsequently, counsel advised that he would not appear for oral argument. Decision 

will be made on the record at hand. 

The petitioner is a 29-year-old single male, a native and citizen 

of Korea who was admitted to the United States as a visitor on 

October 4, 1967 and granted extensions of stay in that status to 

May 4, 1968. He filed the present petition for preference classification under section 203 (a) (3) of the Immigration and Nationality Act, as amended, as a member of the professions as a phar-, 

macist on April 4, 1968. 

The record shows that the petitioner was awarded a Bachelor 

of Science degree in Pharmacy by a university in Korea in February 1962 and was granted a license to practice pharmacy in 

Korea on March 25, 1963. From August 1962 to February 1965 

he was employed as a pharmacist by an /infirmary unit of the 

United States Army in Korea. From May 1965 to October 1967 

he was self-employed as a pharmacist in Korea, running his own 

pharmacy, and since,November 1967 to the present time has been 

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Interim Decision #1907 

employed by a clinical laboratory in Los Angeles as a laboratory 

assistant testing blood and serums. 

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

"profession" as including but not being limited to architects, engineers, lawyers, physicians, surgeons and teachers in elementary 

or secondary schools, colleges, academiei or seminaries. 

In the Matter of Asunoion,11 I. & N. Dee. 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. 

Pharmacy is a profession—Matter of Rabbami, 12 I. & N. Dec. 

15. Pharmacy is listed as a specialty in Schedule A, Group II of 

29 CFR 20 as covered by the blanket certification of the Secretary of Labor pursuant to section 212 (a) (14) of the Act. 

Petitioner appears academically qualified as a pharmacist by 

reason of his high education and past work experience in that 

field. However, he is not now employed and has not indicated that 

he will be employed in a professional occupation as a pharmacist. 

He is, at present, employed as a laboratory assistant and in an 

affidavit to an officer of this Service on July 25, 1968, stated he 

intended "to continue with this employment permanently." Hefurther stated that he was registered as a clinical laboratory 

technologist trainee and that after one year would be eligible for 

a license as a laboratory technologist. The occupations of laboratory assistant, clinical laboratory technologist, and laboratory 

technologist are not classifed as professional occupations. The academic training and work experience required for entry into 

these occupations is less than a baccalaureate degree and does not 

meet the high education and experience requirements characteris 

tic of the professions. 

Matter of Shin, 11 I. & N. Dec. 686, holds that: "The mere acquisition of a, degree or equivalent experience does not, of itself, qualify a person as a member of a "profession." 

The Matter of Semeriion, 11 I. & N. Dec. 751, points out that 

while a person may be academically qualified for a profession, 

that person must also establish that he intends to engage in that 

qualifying occupation in the United States to be eligible for preference classification under section 203 (a) (3) of the Act. 

In the present case petitioner is employed in a nonprofessional 

occupation and has indicated that he intends to continue in that 

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Interim Decision #1907 

nonprofessional occupation permanently. While he may be academically qualified as a member of the professions as a pharmacist, he does not intend to engage in that profession. The decision 

of the District Director was proper. The petitioner is not eligible 

for the preference classification he seeks. The appeal will be dismissed. 

The denial of the petition is without prejudice to the consideration for sixth preference classification, should the petitioner obtain a definite offer of employment from a prospective employer 

in the United States seeking his services and an appropriate certification be issued by the Department of Labor. 

ORDER: It is ordered that the appeal be dismissed. 

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