Interim Decision #3046 

MATTER OF MICHAEL HERTZ ASSOCIATES 

In Visa Petition Proceedings 

EAC 870600263 

Decided by Commissioner February 19, 1988 

An industrial designer who has a baccalaureate degree in industrial design from an accredited college or university in the United 

States or a degree from a foreign college or university which is 

evaluated as equivalent to the United States degree is a member of 

the professions within the meaning of section 101(a)(32) of the Immigration and Nationality Act, 8 U.S.C. § 1101(aX32) (1982), and is 

eligible for classification as a person of distinguished merit and 

ability pursuant to section 101(a)(15)(1-1)(i) if the job offered requires 

such a professional. Matter of Huckenbeck, 13 I&N Dec. 118 (R.C. 

1969), overruled. 

ON BEHALF OF PETITIONER: Wildes & Weinberg 

515 Madison Avenue 

New York, New York 10022 

The nonimmigrant visa petition was denied by the director, Eastern Regional Service Center, and was certified to the Commissioner 

for review. The decision of the director will be withdrawn and the 

petition will be approved. 

The petitioner seeks to classify the alien beneficiary as a person 

of distinguished merit and ability who is coming to the United 

States to perform services of an exceptional nature requiring such 

merit and ability pursuant to section 101(a)(15)(H)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1101(015)MM) (1982). 

The petitioner is a major design studio specializing in special 

purpose maps and designs for mass transit facilities. The petitioner 

performs work for major cultural institutions, corporations, publications, and mass transit facilities. It seeks to employ the alien 

beneficiary in the United States for 2 years as an industrial designer. 

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The beneficiary received a Master of Industrial Design from the 

Pratt Institute in 1986 and a Bachelor of Industrial Design in 

Israel in 1982. 

Following Matter of Huckenbeck, 13 I&N Dec. 118 (R.C. 1969), the 

director concluded an industrial designer is not a member of the 

professions within the meaning of section 101(a)(32) of the Act. 

On appeal, counsel for the petitioner argues that Matter of Huckenbeck, supra, should be reconsidered in view of current industry 

standards and practices. The conclusion reached in that decision is 

now in conflict with other precedent decisions when read by current industry standards. 

Distinguished merit and ability may be established in either of 

two ways. First, persons classifiable as professionals -within the 

meaning of section 101(a)(32) are classifiable as aliens of distinguished merit and ability. Matter of General Atomic Company, 17 

I&N Dec. 532 (Comm. 1980); Matter of Essex Cryogenics Industries, 

Inc., 14 I&N Dec. 196 (D.A.C. 1972). Second, aliens of prominence, 

renown, or preeminence in their field of endeavor are classifiable 

as aliens of distinguished merit and ability. Matter of Shaw, 11 

I&N Dec. 277 (D.D. 1965); H.R. Rep. No. 851, 91st Cong., 2d Sess., 

reprinted in 1970 U.S. Code Cong. & Ad. News 2750, 2752-53. Counsel does not argue nor does the record reflect the beneficiary is preeminent in her field. Accordingly, no further discussion of this 

issue is required. 

Eligibility in this proceeding hinges on the definition of a profession, as that term is used in section 101(a)(22) of the Act. Section 

101(aX32) states that "[t]he term 'profession' shall include but not 

be limited to architects, engineers, lawyers, physicians, surgeons, 

and teachers in elementary or secondary schools, colleges, academies, or seminaries." The occupations included in the professions 

are not limited to these few groups, and, in fact, the overall 

number and specific occupations which fall within this definition 

are constantly changing due to technological advances and due to 

changes in labor practices. But this fact does not alter the basic 

standards characteristic of the professions which Congress chose to 

identify in the statute. The professions normally require, within 

the context of common practice in the United States, a minimum 

of a bachelor's degree in a specific field of study. See Matter of 

Bienkowski, 12 I&N Dec. 17 (D.D. 1966). Most of these occupations 

require even more advanced collegiate study and often a term of 

experienne before an individual may fully practice the profession_ 

These requirements extend to any request for recognition under 

section 101(a)(32) and thus eligibility under section 203(a)(3) of the 

Act, 8 U.S.C. § 1153(a)(3) (1982). 

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Interim Decision #3046 

Consideration of a claim to such eligibility first focuses on the 

tasks, demands, duties, and actual requirements of the position in 

question. An analysis of such includes not only the actual requirements specified by the petitioner but also those required by the 

specific industry in question, to determine, in part, the validity of 

the petitioner's requirements. A petitioner must establish that the 

position realistically requires knowledge, both theoretical and applied, which is almost exclusively obtained through studies at an 

institution of higher learning. The depth of knowledge and length 

of studies required are best typified by a degree granted by such 

institution at the baccalaureate level. It must be demonstrated that 

the position requires a precise and specific course of study which 

relates directly and closely to the position in question. Since there 

must be a close corollary between the required specialized studies 

and the position, the requirement of a degree of generalized title, 

such as business administration or liberal arts, without further 

specification, does not establish eligibility. The mere requirement 

of a college degree for the sake of general education, or to obtain 

what an employer perceives to be a higher, caliber employee, also 

does not establish eligibility. 

The facts of a beneficiary's background only come at issue after 

it is found that the position in which the petitioner intends to 

employ him fells within the professions. After that determination 

is made, attention turns to the qualifications of the beneficiary to 

determine if he meets the standards and requirements of the position. 

In support of a finding that industrial designers are professionals, the Department of Labor's, Occupational Outlook Handbook 

(1986-87) states: "Some design occupations such as industrial designers require 4 or more years of college." The record contains .a 

letter from the Executive Director of the Industrial Designers Society of America, a national professional society for industrial designers, which attests the minimum entry level requirement for industrial designers is a bachelor's degree in industrial design. Additionally, several letters from highly respected industrial design 

firms reflect the industry routinely now recruits and employs only 

degreed individuals for industrial design positions. The record also 

contains additional articles and affidavits supporting the same. 

From the record, it is apparent the requirements for industrial 

designers have changed since Matter of Huckenbeck, supra, was decided in 1969. The evidence submitted clearly indicates industrial 

designers now require knowledge of such scope and training, in 

theory and in fact, which is almost exclusively available through 

studies at a college or university. 

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Further, the petitioner has established the job offered requires a 

person of distinguished merit and ability and the beneficiary is 

such a person. Accordingly, the decision of the director will be 

withdrawn. Matter of Huchenbeek, supra, is overruled. 

ORDER: The decision of the director is withdrawn and the petition is approved. 

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