Interim Decision #1669

Interim Decision #1669

MATTER of McGowan.

• In Visa Petition Proceedings

A-10809118

Decided by District Director September 13,1966

Petitioner, who has received the degree of Doctor of Chiropractic and meets

the high level of educational requirements for licensure to practice in the

State of California, is a. member of the professions within the meaning of

-

section 101(a) (32), Immigration and Nationality Act, as amended by P.L.

89-238, and is eligible for preference classification under section 203(a) (3)

of the Act, as amended, as a practitioner of chiropractic.

The petition was filed by the beneficiary, seeking classification as

a preference immigrant under section 203(a) (3) of the Immigration

and Nationality Act, as amended, based upon his training as a Doctor of Chiropractic.

Section 203(a) (3), Immigration and Nationality Act, as amended,

provides for the issuance of visas to qualified immigrants who are

members of the professions, or who because of their exceptional ability in the sciences, or the arts, will substantially benefit prospectively

the national economy, cultural interests, or welfare of the United

Stake.

Section 101(a) (32), Immigration and Nationality Act, as amended, defines the term "profession" as including *but not being limited

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

in elementary or secondary schools, colleges, academies, or seminaries.

Although the above definition is intended to serve only as a guide,

examination of the occupations listed, indicates, that recognition of

professional status in those fields is normally obtained through attainment of at least a baccalaureate degree? As is the case with the

professions enumerated in the definition, high education, or the equivalent in specialized experience, is a realistic prerequisite for recognition of professional status in- this field.

The beneficiary was awarded the degree of Doctor of Chiropractic

by the Los Angeles College of Chiropractic on January 8, 1960, and

'Mauer of isms, Interim Decision No. 1006.

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Interim Decision #1669

has been licensed, as a practitioner of chiropractic in the State of

California.

The beneficiary intends to practice in the State of California,

where there exists legislation regulating practitioners of chiropractic. This legislation provides as follows : "The basic principle of

Chiropractic is theonaintenance of structural and functional integrity of the nervous system. A. duly licensed Chiropractor may only

practice or attempt to practice or hold himself out as practicing a

system of treatment by manipulation of the joints of the human

body, by manipulation of anatomical displacements, articulation of

the spinal column, including its vertebrae and cord, and he may use

all necessary mechanical, hygienic and sanitary measures incident

to the care of the body in connection with said system of treatments,

but not for the purpose of treatment, and not including measures

as would constitute the practice of medicine, surgery, osteepathica,

dentistry, or optometry, and without the use of any drug or medicine

included in materie, medica."

"A duly licensed Chiropractor may make use of light, air, water,

rest, heat, diet, exercise, massage and physical culture, but only in

connection with, and incident to, the practice of Chiropractic as

herein above set forth."

Each applicant for licensors in the State of California must be a

graduate of an approved college of chiropractic, and must pass a

written examination.

In the State a California a licensed _Doctor of Chiropractic is

authorized to sign death certificates and make reports pertaining to

such deaths as required. by law. He may also order venipunctUre or

skin pitnainre for test purposes. if the -procedures are done by a

licensed clinical laboratory technologist or clinical laboratory bioanalysist.

Four thousand academic hours extended over a period of four

school terms of hot less than 9 months each are required for graduation from any college of chiropractic in the state, and the law requires that the following be included in those 4000 hours:

800 hours

Anatomy, including embryology and histology, dissection

Physiology

' 320 hours

Biochemistry, inorganic and organic chemistry

320 hours

Pathology, bacteriology and toxicology—

-480 hours

Public health, hygiene, :sanitation and first aid

120 hours

Diagnosis, pediatrics, dermatology,-syphilology, serology, X-ray

and psychiatry

720 hours

Obstetrics and gynecology

120 hours

Principles and practice of chiropractic, physiotherapy, dietetics

and °Mee procedure

1.120 boors

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Interim Decision #1669

In order to be licensed in California an applicant must be graduated from a college which presents its curriculum in accordance with

the foregoing. To be recognized as "approved." by the state of California, each teacher must either hold a Doctor's degree from a recognized professional school of chiropractic, osteopathy, or medicine, or

must hold a degree from an. accredited college of arts and sciences.

Teachers of chemistry, bacteriology and physiologimusthold a baccalaureate degree in arts or sciences from an accredited institution.

No college of chiropractic in the State of California may be approved-unless it is organized. as a nonprofit corporation.

The laws of the State of California quite clearly regulate the

practice of Chiropractic on a professional level and a person meeting the educational requirements for licensure clearly possess the

equivalent of at least a baccalaureate degree. Examination of the

required courses reveals that they consist largely of advanced courses

in the fields of biology and chemistry, both of which are recognized

as professional fields, as well as courses which are commonly taken

in post-graduate study. Accordingly, it is held that a person who

has successfully completed such a course in Chiropractic is qualified

as a member of the professions within the meaning of section 203(a)

(3)•

•

Under Part 204.2(f), Title 8, Code of Federal Regulations, a certification •by the Department of Labor pursuant to section 212(a).

(14) of the Immigration and Nationali& Act, as amended, is

required before the visa petition may be approved. That section

provides for the. exclusion of certain aliens from the United States,

incliiding aliens seeking classification under section 203(a) (3), unless

the Secretary of Labor has determined and certified to the Secretary

of State, and to the Attorney General that (A) there are not sufficient workers in the United Stites, who are able, willing, qualified

and available at the time of application for a visa and admission to

the United States and at' the place to which the alien is destined to

perform such skilled or unskilled labor, and (B) the employment of

such aliens will not adversely affect the wages and working conditions of the -workers in the United States similarly employed. In

connection with the instant petition such a certification was made

on May 18, 1966.

ORDER: It is ordered that the petition to classify the status of

Michael Murdoch McGowan, as a preference quota immigrant under

section 203(a) (3) of the Immigration and Nationality Act, as

amended, be granted.

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