WU

Interim Decision *1872

MATITA{ OF WU

In Visa. Petition Proceedings

A-17118329

Decided by District Director January 29, 1968

The qualified beneficiary of a visa petition filed by a non-profit community orga-

nization desiring his services as a medical doctor is accorded preference classi-

fication under section 203(a) (6) of the Immigration and Nationality Act, as

amended, as a physician, since the petitioning organization, even though it

will not be paying beneficiary a salary, desires "to employ" him within the

meaning of section 204 of the Act.

Discussion: The petitioner, Darlington Hospital Guild, Darring-

ton, Washington, is anon-profit community organization, incorporated

in 1958 under the laws of the State of Washington. The Guild is gov-

erned by a president, vice president, secretary, treasurer, and three

trustees. The organization was chartered to recruit a medical doctor to

serve the community of 3,500 persons. The first medical doctor prac-

ticed a short time before leaving the community. The charter was then

amended to provide for the recruiting of additional doctors whenever

need arose.

At the present time there is no medical doctor in the community. All

attempts to recruit a medical doctor have been unsuccessful. The peti-

tioner has established that advertisements were placed in medical jour-

nals, inquiries were directed to medical schools, and the Sears Founda-

tion was contacted without success.

The community is 27 miles, by rough mountain roads, from the

nearest community having medical doctors and a hospital. In the

winter months the area is sometimes covered by as much as six feet of

snow, making travel to the nearest doctor or hospital a dangerous and

sometimes impossible undertaking.

The principle industry in the area is logging, a hazardous occupation.

Serious accidents occur all too often in this work and immediate medi-

• cal care frequently means the difference between life and death. In the

summer months, the area is a mecca for tourists and campers and medi-

cal care is often required in emergencies as a result of automobile and

other accidents. The community plainly has an urgent need for the

services of a medical doctor.

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Interim .vecision

Following incorporation, the petitioning agency secured a $50,000

mortgage and constructed a. modern medical facility for use by medical

doctors agreeing to serve the area. The mortgage is now $28,000. Funds

to retire the mortgage and to pay other Guild expenses are received

from community wide fund raising events.

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Section 204, Immigration and Nationality Act, as amended, reads as

follows :

. . . or any person desiring and intending to employ within the United States

an alien entitled to classification as a preference immigrant under section 203

(a) (6), may file a petition with the Attorney General for such classification.

The phrase "any person desiring and intending to employ within the

United States", must be interpreted.

The petitioner has stated beneficiary will not be paid a salary by the

Guild. Patients will pay the beneficiary directly for services rendered.

The prior medical doctor grossed $36,000 annually and was employed

full-time.

A. determination must be made whether "employment" as contem-

plated by section 204 of the Act exists in this case. There are no pre-

cedent decisions analogous to this situation since amendment of the

Immigration and Nationality Act. However, in the Matter of Young,

Int. Dec. No. 1425, In Visa Petition Proceedings, decided Stepember 8,

1964, it was held that under the prior statute, the village of DeWitt,

Michigan, was an eligible petitioner for the services of a dentist. Under

the prior, statute (section 203 (a) (1) of the Immigration and Nation-

ality Act) the clause "desiring and intending to employ" did not ap-

pear. It was necessary, however, to establish "an urgent need" for the

services of the beneficiary. The Matter of roam, (supra) established

that a non profit community organization may petition under the Im-

-

migration and Nationality Act.

Webster's New Collegiate Dictionary defines "employ" as meaning:

To make use of; to use; to make use of the services of; to occupy; devote; as,

to employ time in study:

Employ, hire here means to engage for work Employ, however, stresses the use

of a person's services; hire the act of engaging a person's services for

compensation.

The Darrington Hospital Guild desires to make use of the services

of the beneficiary as outlined in the definition of "employ" appearing

in Webster's New Collegiate Dictionary. No mention is made in the

dictionary or in section 204 of the Act as to the source or amount of

remuneration. The requirements of section 204 of the Immigration and

Nationality Act, as amended, have been satisfied.

Section 203(a) (6) of the Act, reads in part as follows:

Visas shall next be made available. In a number not to exceed 10% ... to quali-

fied immigrants who are capable of performing specified skilled or unskilled labor,

821-054-89--50 763

Interim Decision #1872

not of a temporary or seasonal nature, for which a shortage of employable and

willing persons exists in the United States.

The beneficiary meets the qualifications set forth in section 203 (a)

(6) of the Act and on Form 1-140, Petition to Classify Preference

Status of Alien on Basis of Profession or Occupation. The beneficiary

received a doctor of medicine degree in June 1928 from University of

Virginia, Charlottesville, Virginia. He received specialized training

in surgery from 1941 to 1945 at Mayo Foundation, Rochester, Minne-

sota, and attended the University of Pennsylvania from 1956 to 1957

where he received training in the internal medicine field. He also at-

tended Harvard Medical School for nine months during 1957- 1958, for

specialized courses in cardiovascular disease treatment. He has been

licensed to practice as a medical doctor in Taiwan.

The petitioner has established that the beneficiary is a skilled por

son, coming to the United States to fill a position not of a temporary or

seasonal nature, and that there is a shortage of such qualified persons

in this country. Therefore, the requirements of section 203 (a) (6) of

the Immigration and Nationality Act, as amended, have been satisfied.

The beneficiary qualifies under the blanket labor certification issued

by the Department of Labor in Group I, Schedule A, 29 CFR, Part

60, as a person having an advanced degree. The beneficiary, therefore,

meets the requirements of section 212 (a) (14) of the Act.

The evidence clearly establishes that the petitioning agency has

complied with all the requirements of section 203(a) (6) and section

204 of the Immigration and Nationality Act, as amended. It has been

further established that the beneficiary has the necessary qualifications

to fill the position. The petition, will, therefore, be approved.

ORDER: Ifis ordered that the petition be and the same is hereby

approved.

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