Interim Decision #1364 

MATIZE OF VLIYILZAIS.1 TRAVEL AGE.NOT, Ixa 

In VISA PETITION Proceedings 

NYC—N-14071 

Deekledby Regional Commissioner March, 30,1964 

Since the beneficiary has been employed for the preceding 3 or 4 years as a travel 

agent, he is ineligible for nonimmigrant classification under section 101(a) 

(15) (H) (iii), Immigration and Nationality Act, as an industrial trainee in 

that field of business activity. 

This matter is before the Regional Commissioner on appeal from 

the decision of the District Director at New York, New York who 

has denied this petition on the grounds that the beneficiary is to be 

employed in the regular operation of the petitioner's business; that 

the need for his services is continuing in nature; that the petitioner 

has no formal training program and that since the beneficiary has 

been employed abroad during the past three or four years as a travel 

agent, he cannot be considered an industrial trainee in this field within 

the meaning of section 101(a) (15) (II) of the Immigration and 

Nationality Act. 

The petitioner is a travel agency with offices in the Prince George 

Hotel in New York, New York. It has indicated. in the documents 

supporting this petition that it has annual gross sales of more than 

$800,000 and that it desires to give training as a travel agent to the 

beneficiary so as to make him ready for the 1964 World's Fair in New 

York as a travel consultant to thousands of prospective visitors to 

New York from Japan. The supporting documents indicate that 

following the period of training the beneficiary will be assigned to 

the petitioner's Tokyo branch office where he will be handling Japanese 

traffic, both individuals and groups, destined to the United States and 

particularly to New York City. The petitioner has also submitted a 

copy of a proposed schedule of training dated October 28, 1963 for 

a period of fifty weeks which is broken up into five periods of ten 

weeks each. 

Mr. Toshi Miyazaki, president of the Miyazaki Travel Agency, Inc., 

was interviewed by a Service representative in connection with his 

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Interim Decision #1364 

petition and disclosed that the beneficiary has been employed by the 

Mitsui Airline Travel Service in Japan "for the past three or four 

years as a travel agent"; "that the Mitsui Company was a very large 

organization with offices in Tokyo, New York and in various other 

places in the world"; "that during !the three or four years of employment with this company that the beneficiary did gain considerable 

valuable experience as a travel agent"; "that the beneficiary would be 

employed full-time in the agency in the functions of issuing travel 

tickets, planning various flight routes, train routes or ship routes". 

The petitioner's appeal indicates that there is a continuing need for 

trained personnel in the travel service; that there is a need for it to 

expand its staff; that it is having difficulty in procuring satisfactory 

help in spite of its efforts to engage Japanese-speaking help through 

newspaper advertising in New York, Chicago, Salt Lake City, Denver, 

and other cities in California; and that he has in the past brought 

temporary help to the United States from Japan. 

In establishing eligibility to be issued a visa as an industrial trainee, 

it must be shown that the beneficiary desires admission to the United 

States as a result of an invitation for the purpose of receiving instruction or training. An industrial trainee shall not be permitted to engage in productive employment if such employment will displace a 

United States resident. It is contemplated that an industrial trainee 

will not be employed in a position or work which is in the normal 

operation of a business and for which citizens and resident aliens are 

regularly employed. 

From a review of the evidence available, it is concluded that the 

beneficiary has been employed as a travel agent for the past three or 

four years and cannot be found to now be a trainee in this field of 

business activity_ The training program accompanying this petition 

is dated October 28, 1963 and provides for fifty weeks of training in 

a stated list of scheduled subjects. Had the beneficiary been in the 

United States on that date and had he immediately started the training program at that time, it would have taken the entire duration of 

the 1964 World's Fair to have completed the scheduled training program. For this reason, it is evident that the training program 

prepared by the petitioner was unrealistic and could have had no 

reasonable relation to a desire on the part of the petitioner to train 

this beneficiary so that he would be "ready for the 1964 World's Fair 

or work as travel consultant to thousands of prospective visitors to 

New York from Japan". In view of the above, this petition must be 

denied and this appeal dismissed. 

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

dismissed. 

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