Interim Decision #2921 

MATTER OF ST. PIERRE 

In Visa Petition Proceedings 

DET-N-18298 

Decided by Regional Commissioner June 30, 1982 

(1) The purpose of the beneficiary's internship is to learn survey and laboratory procedures in industrial hygierie. This training will consist primarily of on-the-job training, 

as the subject matter by its very nature can only be learned in that setting. Since the 

beneficiary will not receive any payment from the petitioner, and will merely be observing field tests and not actively conducting them, he will not be engaging in productive 

employment which would displace a resident worker. Matter of Kraus Periodicals, 11 

I&N Dec. 63 (R.C. 1964). See 8 C.F.R. 214.2(h)(2)(ii). 

(2) The beneficiary will not be employed in a position which is in the normal operation 

of a business and in which citizens and resident aliens are regularly employed. Matter of 

Miyaki Trend Agency, Ins., 10 I&N Dec. 344 (R.C. 1964). 

(3) The beneficiary was granted a paid educational sabbatical by his employer, the University of Windsor. After the one year training program ends, the beneficiary will 

return to his teaching position at the university. Thus the beneficiary is not being 

trained for eventual employment in the United States, as was found impermissable in 

Matter of Glencoe Press, 11 I&N Dec. 764 (R.C. 1966). 

(4) The field of industrial hygiene has developed in the United States significantly further 

than it has in other countries as a result of the Federal Occupational Safety and Health 

• Act of 1970. The petitioner has therefore demonstrated that the proposed training is not 

available abroad as required by Matter of Treasure Croft of Calffornia, 14 I&N Dec. 

190 (RC. 19'72). 

ON BEHALF OF PETITIONER: John E. English, Esquire 

English 41c Van Horne, P.C. 

4472 City National Bank Bldg. 

Detroit, Michigan 48226 

This matter is before me on appeal from the District Director's decision of August 3,1981, denying the petition to classify the beneficiary as 

a nonimmigrant trainee in accordance with section 101(a)(15)(H)(i) of 

the Immigration and Nationality Act, as amended, 8 U.S.C. 1101(a)(15) 

(H)(i). The appeal will be sustained. 

The petitioner is an environmental consulting firm established in 1954 

and located in Southfield, Michigan. Its business is to help industry and 

government identify and solve pollution problems. It. has 65 employees 

308 
Interim Decision #2921 

and annual sales-of $2.5 million. The beneficiary is a 44-year-old native 

and citizen of Canada. He is a professor of Chemical Engineering at the 

University of Windsor. He asked for and was granted an educational 

sabbatical with pay, of one year by his university in order to study 

industrial hygiene in the United States. 

The beneficiary made application to the petitioner in 1980 for a oneyear internship to learn survey and laboratory procedures in industrial 

hygiene such as: 

Evaluation of worker exposure to toxic chemicals such was lead, silica, benzene, and 

other potential cancer-causing chemicals. 

Evaluation and control of noise it the workplace. 

Evaluation and control of other physical stresses, such as radiation and heat and cold 

stress in industrial work environments. 

Development of new controls and procedures for minimizing/eliminating workplace 

hazards. 

The, petitioner accepted the beneficiary as an intern because of his 

superior credentials: Ph.D from Northwestern University in Chemical 

Engineering (1965), engineering consultant and university professor since 

1965. The.beneficiary wanted to take his training with the petitioner in 

Southfield, Michigan because it was the only laboratory with facilities to 

provide industrial hygiene training close to Windsor. 

The petitioner had had five intern-trainees in the past and was training one at the time this petition was filed. The beneficiary will not 

receive any payment from the petitioner. Thus the suggestion of productive employment which would displace a resident worker which was 

noted in Matter of Kraus Periodicals, 11 I&N Dec. 63 (R.C. 1964), is 

absent. The beneficiary will continue to receive his professor's salary 

from the University of Windsor. He will return to his employment there 

at the end of one year's training. Thus the beneficiary is not being 

trained for eventual employment in the United States which was found 

impermissible in Matter of Glencoe Press, 11 I&N Dec. 764 (R.C. 1966). 

Although the beneficiary's training is primarily on-the-job. training, . 

no productive labor will be involved because the beneficiary will be 

merely observing, not conducting field tests. The petitioner states that: 

Industrial hygiene, by its very nature, can only be learned in the work setting. It 

involves chemicals, noise, dust, gas and vapor measurement and testing done at the 

work site. Laboratory and office procedures involve research and evaluation of field 

tests and procedures. Thus it can only be learned by going into the field with trained 

professionally qualified regular company personnel. 

However, the beneficiary will not be displacing a resident worker by 

his participation in this training program as required by Matter of Treasure Craft of California; 14 I&N Dec. 190 (R. C. 1972). The petitioner 

states that the beneficiary: 

. will "tag along' on most field testing . . . he will perform little or ho actual testingas 

most of the test procedures are performed under strict governmental reporting and 

sign-off requirements . . . . Obviously, the company could not jeopardize the credibility 

309 
Interim Decision #2921 

of its report by having [the beneficiary, an intern] do such work. The field work he 

would do is thus, in fact, extra or make-work work for his use and benefit only. "fie 

would be the third man on a normal two man crew which would oilly need two men. 

Thus the beneficiary will not, as reqUired by Matter of Miyalct Travel 

Agency, Inc., 10 I&N Dec. 644 (R. C. 1964), "be employed in a position 

which is in the normal operation of a business and in which citizens and 

resident aliens are regularly employed" (id. at 645). 

I am satisfied that training in Industrial Hygiene is not available 

abroad as required by Matter of Treasure Craft of California, supra,. 

The petitioner states that: 

Industrial hygiene in the United states is the outgrowth of procedures and technology 

developed under the standards and specificiations of Federal Occupational Safety and 

Health Act of 1970 and the various statutes and regulations enacted in implementation 

thereof. The United States procedures and technology are vastly different than any 

other country .. . . There is in fact no similar or even related training in Canada. 

I find that all the requirements of 8 C. F. R. 214.2(h)(2)(i) (1981) and the 

precedent decisions relating to the H-3 classification have been met. 

The petitioner has specifically described a training program which will 

prepare the beneficary to return to his position as Professor of Chemical 

Engineering with a sub-specialty in environmental engineering — a 

field just developing in Canada. The petitioner has demonstrated that 

this training is not available in Canada and must be taken here_ The 

petitioner has established that the beneficiary will not be engaged in 

productive employment that might displace a resident worker (see 8 

C.F.R. 214.2(h)(2) (ii)(1981)J. 

Therefore, I conclude that this training program is a suitable one by 

which a beneficiary may be classified as a nonimmigrant trainee under 

section 101(a)(15)(H)(i) of the Act. 

ORDER: The appeal is sustained and the petition is approved. 

310