Interim Decision #1463 

Kamm OF MasAvynala. 

In Visa Petition Proceedings 

LOS—N-4220 

Decided by Acting Regional Comniisioner April 29, 1986 

Petition to accord beneficiary nonimmigrant Classification under • sestion 

101(a) (15) (H) (iii), Immigration and Nationality Act, as an MU—FA:dal 

trainee in retail floristry, is denied since the beneficiary, who was admitted 

to the United States as a temporary worker under the provisions of section 

101(a) (15) (H) (ii), is a skilled ornamental horticulturist; the training program consists primarily of a repetition, review, and day-to-day practical 

application of his present knowledge; and the evidence submitted indkates 

that he will be engaged in productive labor- and that any training received 

'would be incident/II thereto. • 

Discussion: This case is before the Regional Commissioner on 

appeal from this decisiOn of the District Director denying the petition for the following reasons: 

Beneficiary entered the United States Jane 20, 1963 as a temporary worker 

and has been employed by florists in the United States since that date as an 

ornamental horticulturist You have failed to establish that the beneficiary 

requires training to be proficient in his occupation of florist 

The petitioner is president of Plower View Gardens, Inc., a well 

established retail florist doing business at 1801 N. Western Avenue, 

Los Angeles, California. 

The beneficiary is a25-year-old male, native and citizen of Japan, 

who was last admitted to the -United States on June 20, 1963 as a 

tempoiary worker under the provisions of section 101(a) (15) (II)-

(ii) of the Immigration and Nationality Act. This admission to the 

United States was based on the beneficiary's ocoupation as an ornamental horticulturist and the established need for his temporary 

services in the United. States. Since his admission to the United 

States, the beneficiary has been employed in his occupation by florists 

in New Jersey, Pennsylvania, and California. 

The petitioner offers to train the beneficiary in retail floristry design, marketing, general. floral decorating, and retail florist manage157 
InteriM Decision #1463 

"ment. He has submitted an outline of a training program in support 

of the _petition. The 'training program consists of 6 months basic 

floristry work with very little academic training. This is followed 

by general instruction and practical application with some emphasis 

on the business aspects. The petitioner estimates it will take two 

years to complete the training depending upon the ability of the 

trainee. Qualifications for a trainee are set out as: "Must have 

basic understanding of .retail florist industry" and "some floristry 

background." The petitioner has not trained anyone under this 

program. 

In the brief- in support of the appeal, petitioner stresses that 

knowledge, experience, and day-to-day application are necessary to 

obtain the thorough knowledge that a florist must have for a strong 

basic understanding of the retail flower industry. Five exhibits are 

attached to the brief on appeal, all of -which deal with the LOS 

Angeles and United States market Emphasis is placed upon the 

fact that the trainee must be familiar with all of these exhibits. 

It is conceded that practical day-to-day experience will increase 

proficiency in any line of endeavor. However, the statute involved 

here is one that contemplates the training of an individual rather 

than giving him further experience by day-to-day application of his 

skills. The beneficiary, by the very terms of his admission into the 

United States, was a skilled ornamental horticulturist when he arrived in the United States. In fact, he was brought to the United 

States because his skillg were in demand in this country. There is 

nothing contained in the first year of the training program that is 

other than a repetition of the beneficiary's present lmowledge. The 

second year is devoted to a review of all phases of the first year plus 

the business aspects of retail floristry. 

A careful consideration Of the record in this case reveals the District Director's denial of the petition was correct and that the additional evidence submitted indicates the beneficiary will be engaged 

in productive labor and that any training received would be incidental thereto. The appeal will be dismissed. 

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

dismissed. 

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