LING

Interim Decision *1913

MATTER OE LING

In Visa Petition Proceedings

• A-10800904

Decided by Regional Commissioner October 28, 1968

Since "business administration" is a general term including both profes-

sional and nonprofessional activities, a degree in business administration

alone is insufficient to qualify the holder thereof as a member of the pro-

fessions under section 101(a) (32) of the Immigration and Nationality Act,

as amended, unless the academic courses pursued and knowledge gained is

a realistic prerequisite to a particular occupation in the field of business

administration in which he is engaged or plans to be engaged; hence, peti-

tioner, who has a Bachelor of Science degree in Business Administration,

is denied preference classification under section 203(a) (3), of the Act

since he has failed to establish in what profession, if any, in the field of

business administration he intends to engage or is qualified.

ON BEHALF or PErrriorma: Wellington Y. Ewan, Esquire

1260 Wilshire Boulevard, Suite 100

Los Angeles, California 90017

This case comes forward on appeal from the decision of the

District Director, Los Angeles, who on August 12, 1968, denied

the petition in that petitioner had failed to establish an intent to

engage in a professional occupation. Oral argument was re-

quested and granted. Counsel appeared for such argument as

scheduled.

Petitioner is a 38-year-old married male, a native and citizen of

China who was admitted to the United States as a student on Oc-

tober 20, 1956, and received extensions of stay in that status to

June 1, 1963.

The record shows the petitioner obtained a Bachelor of Science

degree in Business Administration from a Los Angeles college on

August 29, 1958, and that he was employed as a bookkeeper from

1958 to 1960, as a bank teller from 1962 to 1966, and has since

April 25, 1966, been employed in Los Angeles as an electronic

technician.

The present petition was filed March 21, 1968, for preference

35

Interim Decision *1913

classification under section 203 (a) (3) of the Act as a member of

the professions as "business administration." Form ES-575A,

"Statement of Qualifications," indicates that petitioner is seeking

work in the United States as a "business manager."

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

follows: "The term 'profession' shall include but not be limited to

architects, engineers, lawyers, physicians, surgeons, and teachers

in elementary or secondary schools, colleges, academies or semi-

naries." In the Matter of Asuncion, 11 I. & N. Dec. 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 nrofessions normally requires a successful completion of a

specific course of education on the college or university level, culminating

in the attainment of a specific type of degree or diploma; and (2) the attain-

ment of such degree or diploma is usually the minimum requirement for

entry into those occupations.

In the Matter of Shin, 11 I. & N. Dec. 686, it is brought out

that "profession" as defined by section 101 (a) (32) of the Immi-

gration and Nationality Act, as amended, contemplates knowledge

or learning—not merely skill—of an advance type in a given field

gained by a prolonged course of specialized instruction and study

of at least baccalaureate level, which is a realistic prerequisite to

entry into the particular field of endeavor.

The primary issue in his case is whether or not "business ad-

ministration" or be it "business administrator" is a profession

which falls within the definitions of professions which qualify for

preference classification under section 203 (a) (3) of the Act.

The DICTIONARY OF OCCUPATIONAL TITLES, Volume I,

"Definition of Titles," published by the Department of Labor,

names and defines 35,550 separate occupations but does not in-

clude business administration, business administrator or business

manager as an occupation or profession. Review of Volume II,

"Occupational Classification" of the DICTIONARY OF OCCU-

PATIONAL TITLES, and of the supplement to the

DICTIONARY fails to identify business administration, business

administrator or business manager as an occupation or profes-

sion.

"Business administration" is a broad field, a field which con-

tains various occupations and/or professions, all of which are re-

lated to the world of business but each requiring a different

academic preparation and experience peculiar to its needs. The

OCCUPATIONAL OUTLOOK HANDBOOK, also published by

the Department of Labor, shows that business administration is a

36

Interim Decision * 1913

general term and includes various occupations such as account-

ant, advertising workers, industrial traffic manager, marketing

research workers, personnel workers, and purchasing agents;

thus, including both professional and nonprofessional activities.

Careful review of the discussion of these occupations shows that

while all are related to the world of business, each has its own

emphasis on the academic training and experience required for

qualification in that occupation. It is evident that while a person

may have a degree in, business administration, such degree may

qualify him for some but not all of the occupations included in

the broad field of business administration. For example, a person

with a degree in business administration, major in accounting,

would not qualify as a public relations man or personnel manager

and vice versa. Therefore, a petitioner with a business adminis-

tration degree must clearly establish a particular area and occu-

pation in the field of business administration in which he is en-

gaged or plans to be engaged and must also establish that he

meets the special academic and experience requirements of that

designated activity, as a prerequisite to a determination as to

professional status.

In the instant case the Secretary of Labor, pursuant to section

212 (a) (14) of the Act, has issued a certification for "administra-

tive specialities" under Schedule C, Group II, of 29 CFR 60 with

the initial three digit code of 169. The supplement to the DIC-

TIONARY OF OCCUPATIONAL TITLES lists 38 different occu-

pations under this initial three digit code, occupations which

range from six months to ten years in the SVP (specific voca-

tional preparation) time required to acquire proficiency in a

given occupation. This list of 38 occupations does not include

business administration or business administrator or business

manager. Certification has been issued, but the petition does not

indicate that petitioner will be employed in any of the occupa-

tions in code 169 that are certified.

Counsel cites Matter of Shin, 11 I. & N. Dec. 686. This case re-

lates to a person who sought preference classification as an econo-

mist, had a master's degree in economics and was working on his

doctorate. This decision in part stated :

The mere acquisition of a degree or equivalent experience does not of itself

qualify a person as a member of a. profession. The knowledge acquired must

also be of a nature that is a realistic prerequisite for entry into the particu-

lar field of endeavor.

The decision points out that a degree in business administra-

tion alone is not enough to qualify the holder as a member of the

37

Interim Decision #1913

professions unless the academic courses pursued and knowledge

gained is a "realistic prerequisite" for the profession; so that if

he seeks recognition as an accountant, his academic courses be

predominantly in that area rather than in the general field of

business administration.

Counsel also cites Matter of Chu, 11 I. & N. Dec. 881. The

headnote to that decision, which of course is not part of the deci-

sion, is misleading and may have caused some misunderstanding.

It indicates that "business administration" is a profession. How r

-evr,cafuldingotheslfabihets

occupations in the field of business administration that may be

professions. Our review of the record in this case shows that it

relates to a person seeking recognition as an accountant who had

a baccalaureate degree in business administration in the field of

accounting, who was seeking work as an accountant, who was

working for a firm which had stated, "Peter Chu has the college

and accounting background we need," and was utilizing his ac-

counting skills on his job described as follows:

His background of a college degree and accounting fulfills the unique re-

quirement we need to fill our sales positions. Their duty is to analyse sys-

tems in various offices and show how mechanized accounting assists customer

to get more current information and a much more efficient operation. He

must also install and train on these systems.

The decision quotes a Department of Labor letter as follows :

Mr. Chu's degree in Business Administration was given by an accredited

United States college. Graduates of business administration courses may

qualify for several occupations coded as professional in the second edition of

the Dictionary of Occupational Titles, e.g., Accountant, Auditor, Property-re-

habilitation Clerk (in insurance), Dealer-Contact Man, Employment Man-

ager, Personnel Manage; Salary and Wage Administrator, Field Represent-

ative, to name some. Business Administration graduates may qualify for a

greater number of professional occupations defined in the third edition of

the DOT.

This letter points out that a business administration graduate

may qualify for several professional occupations but not all pro-

fessions in the general field of business. A person would have had

to take courses, or gained knowledge (considered to be a realistic

prerequisite), in a particular occupation or profession in the field

of business administration and designated by him as the profes-

sion in which he seeks preference classification.

In reference to the Department of Labor letter quoted above,

the Regional Commissioner stated : "We agree with the Depart-

ment of Labor that occupations in business administration for

which a person qualifies by reason of high education are profes-

38

Interim Decision #1913

sional occupations." He did not say that a business administra-

tion degree qualified a person for all occupations in business. He

referred to occupations in business administration, and limited

those occupations to those for which the person qualified (by rea-

son of high education) and are recognized as professional occupa-

tions.

Considering all the factors as discussed above, we cannot find

that it has been established that "business administration" is a

profession, The record has failed to establish in what profession,

if any, petitioner is either qualified for or intends to engage in.

He has not established that he has been engaged in any profes-

sion. Occupations in which he has work experience—bookkeeper,

bank teller, and electronic technician—are not professions. In the

Matter of Drantigan, 11 I. & N. Dec. 493, it is held that the bur-

den of proof to establish eligibility for a desired preference rests

with the petitioner. That burden of proof has not been met.

The case will therefore be remanded to the District Director to

afford petitioner an opportunity to supplement his application

with such evidence as he may desire to establish his claimed pro-

fessional capacity, in conformance with the discussion herein.

The District Director is authorized to consider such additional ev-

idence as may be presented and make his decision anew.

ORDER: It is ordered that the case be remanded to the Dis-

trict Director in line with the above.

39