VP 3-28380.
Decided by the Central Office August 21, 1953.
Visa petition — Quota immigrant whose services are needed urgently in the United States — Section 203 (a) (1) (A) of the Immigration and Nationality Act of 1952 — Eligibility as person possessing specialized experience.
An individual seeking to come to the United States to act as export manager who has received special training, though not of a formal nature, in the office of the petitioner corporation as an assistant office manager in the export of deep pile fabrics, which included shipping of material, procurement of fabrics, and technical knowledge of the fabrics handled by the petitioner corporation; who possesses firsthand knowledge of the importation laws of foreign countries obtained by travel throughout continental Europe; and who speaks several foreign languages, is regarded as possessing the "specialized experience" contemplated by section 203 (a) (1) (A) of the Immigration and Nationality Act. The facts that the beneficiary's father is an officer of the petitioner corporation and that the office staff of the corporation is small do not preclude favorable consideration of the petition.
BEFORE THE CENTRAL OFFICE
Discussion: Appeal from order denying petition for classification of H---- C---- F---- as a quota immigrant whose services are needed urgently in the United States.
The petitioner L---- F---- Co., Inc., a New York corporation, is exclusive European exporter of Borg Fabric Division, the George W. Borg Corp., of Delavan, Wis., manufacturer of deep pile fabrics. It is stated that the amount of business booked by petitioner with that manufacturer for deliveries beginning in June of this year is about $250,000. The petitioner requests that the beneficiary alien, H---- C---- F----, Jr., a native and national of Denmark, 25 years of age, be classified as a quota immigrant under the provisions of section 203 (a) (1) (A) of the Immigration and Nationality Act as one whose services are needed urgently in the United States. The petition was denied by the district director of this Service at New York, N.Y., on the ground that:
It has not been satisfactorily established that the beneficiary is possessed of high education, technical training, specialized experience, or exceptional ability as required by section 203 (a) (1) of the Immigration and Nationality Act.
While the ground for the denial follows the statutory language, the decision of the district director was based primarily upon the conclusion that the "beneficiary's education and training" were inadequate to meet the requirements of the law. The petition is now before this office on appeal from that decision.
The petitioner's reasonably urgent need of the services of the beneficiary alien, and that qualified persons to fill the employment need of the petitioner are not now available in the United States are regarded as established by the evidence of record.
The petitioner alleges that the services of the beneficiary alien will be that of export manager, which will include taking care of the petitioner's funds and the making of special arrangements for the shipping of goods. The beneficiary alien's father is president of the petitioning corporation, the office staff of which consists of one person. In his affidavit of May 26, 1953, the beneficiary alien's father points out that during the beneficiary's stay in this country as an exchange student he was "trained in the export business, with special reference to the export of deep pile fabrics of Borg Fabric Division of Delavan, Wis." The affidavit further recites that prior to February 1951, the beneficiary alien traveled throughout Europe at the direction of the affiant "learning the importation laws and the financial requirements and regulations of the several countries therein". In a subsequent affidavit, dated May 28, 1953, the same affiant pointed out that the beneficiary alien is a specialist in the Borg deep pile fabrics, which the petitioner is exporting, and that the beneficiary "is the intermediary between the Borg Fabric Division and the office in Europe." The affiant recited that the beneficiary alien has become conversant with the "import laws" of the countries with which the petitioner does business. The affiant stated that the beneficiary had traveled with the affiant in Denmark, Sweden, Norway, Finland, France, Belgium, Holland, Germany, and Switzerland. The affiant stated that the beneficiary alien is versed in the Danish, Swedish, English, and German languages, which he has used extensively in carrying out correspondence with the petitioner's customers in Europe. Also, a letter on file from J.A. Finzi, Layman Co. of London, England, addressed to the petitioner under date of May 18, 1953, recites that the beneficiary alien was employed by the writer from July to November 1949, and that during such period he "attended to the chartering of ships, agency of ships, accountancy, etc., and we must say we found he was adequately suited for this employment and has a thorough all round knowledge of shipping matters in general."
Photostatic copies of a certificate incorporated into the record in this case show that the beneficiary alien "passed in 1949 the higher commercial examination" of a school in Copenhagen.
Section 203 (a) (1) of the Immigration and Nationality Act provides in pertinent part, that the first 50 percent of the quota shall be made available for the issuance of immigrant visas to quota immigrants whose services are urgently needed in the United States because of the "high education, technical training, specialized experience or exceptional ability" of such immigrants. A beneficiary under that section is eligible for classification as an immigrant if he qualifies under any one or more of the four qualities prescribed therein. We agree with the conclusion of the district director that the beneficiary does not possess the high education contemplated by section 203 (a), and with the finding that the beneficiary's training falls short of meeting the "technical training" provision of that section, which contemplates formal instruction in a calling or function. Neither these findings and conclusions however, nor the fact that the beneficiary's father is an officer of the corporation and that the office staff of the corporation is small, preclude favorable consideration of the petition if the beneficiary meets either or both of the remaining qualities specified in section 203 (a) (1) of the act.
No evidence has been presented upon which it could be found that the beneficiary possesses "exceptional ability." There remains therefore the question of whether he has the "specialized experience" contemplated by section 203 (a) (1). The record shows that while he was in the United States he received special training, though not of a formal nature, in the office of the petitioner corporation as an assistant office manager in the export of deep pile fabrics, which included the shipping of material, procurement of fabrics and technical knowledge of the fabrics handled by the petitioner corporation. In addition, the beneficiary obtained firsthand knowledge of the importation laws of foreign countries by travel throughout continental Europe with the president of the petitioner corporation and speaks the languages of several of those countries. It is apparent that the beneficiary possesses experience of a technical and specialized nature, acquired, for the most part, over a period of several years in the actual employ of the petitioner corporation. Such experience and training may properly be regarded as "specialized experience" within the meaning of section 203 (a) (1) of the Immigration and Nationality Act.
On the record, it is concluded that:
(1) The beneficiary alien has had extensive specialized experience with special reference to the requirements of the indicated position.
(2) The petitioner has established its reasonably urgent need for the services of the beneficiary alien.
(3) Qualified employees, possessing the required specialized experience and technical training, are not available to the petitioner in the United States.
(4) Because of the beneficiary alien's specialized experience, his entry into the United States will be substantially beneficial prospectively to the national economy and welfare of the United States.
(5) The petitioner has complied with the applicable statutes and regulations.Order: It is ordered that the appeal of L---- F---- Co., Inc., from the order of the district director of this Service at New York, N.Y., denying the petition for classification of H---- C---- F----, Jr., as a quota immigrant whose services are needed urgently in the United States, within the contemplation of section 203 (a) (1) of the Immigration and Nationality Act, be and it is hereby sustained.
It is further ordered that the said petition and related file be returned to the district director of this Service at New York, N.Y., for appropriate action in accordance with the foregoing.