Matter of Huckenbeck

Interim Decision #1935

MATTER OF HUCKENEFICK

In Visa Petition Proceedings

A-14185236

Decided by Regional Commissioner January 16, 1969

Since an industrial designer is not a member of the professions within the

meaning of section 101 (a) (32) of the Immigration and Nationality Act, as

amended, beneficiary is ineligible for preference classification under sec-

tion 203 (a) (3) of the Act, as amended, as an industrial designer.

ON BEHALF OF PETITIONER: Fred W. Hill, Esquire

250 East First Street, Suite 900

Los Angeles, California 90012

This case comes forward on appeal from the decision of the

District Director Los Angeles who denied the petition on Novem-

ber 26, 1968, in that the petitioner had failed to establish that

the

beneficiary, as an industrial designer, was a member of the pro-

fession.s eligible for preference classification under section

203

(a)

(3)

of the Immigration

and

Nationality Act, as amended.

Oral argument was requested and granted. Counsel appeared

with the beneficiary as scheduled.

The petitioner is an industrial design firm

located in Beverly

Hills, California, serving the Los Angeles area as consultants to

industry in product planning, design and development of products

for mass production. The petitioner seeks the services of the ben-

eficiary as an industrial designer and filed the present petition on

June 28, 1968, for classification of the beneficiary as a member of

the professions under section 203

(a) (3) of the Act, as an in-

dustrial designer.

The beneficiary is a 26-year-old single male, a native and citi-

zen of Germany who was last admitted to the United States as a

visitor on May 26, 1968,

to August 1, . 1968, and now resides in

Los Angeles. The record shows that the beneficiary attended a

college of industrial design in Germany from October 1962 to

June 1963 and on September 5, 1964 was admitted to the United

States as a student to study industrial design at an art school in

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Interim Decision *1935

Los Angeles from which he graduated in May 1967 with a Bache-

lor of Science degree with a major in industrial design (product).

The record also shows that the beneficiary had about four years

work experience in industrial design in Germany and a year of

practical training experience in industrial design in the

United

States.

• The record indicates that the beneficiary is qualified as an in-

dustrial designer and well qualified to perfrom the duties and

functions of the occupation. However, the issue in this case is to

determine if the occupation of industrial designer may be consid-

ered a profession within the meaning and contemplation of sec-

tion

101 (a) (32) of the Act which defines the term profession and

determine whether the occupation of industrial designer re-

quires

the high degree of academic training characteristic of the

professions.

Section

101

(a)

(32) of the Act 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.

the

Matter of Auncion,

11 I. & N.

Dec. 660, it is stated:

Examination of the occupations named in section 101(a) (32) of the Act in-

dicates

the following characteristics common to all: (1)

recognition as a

member of those professions normally requires the successful completion of

-a specified course of education on the college or university level, culminating

in the attainment of a specific type

of degree or diploma; and • (2) the at-

tainment

of such degree or diploma is usually the minimum requirement for

entry into those occupations.

And it further states :

If the

degree

or diploma he obtains equips the individual to enter an occupa-

tion

for

which the acquisition of the degree or diploma is not a realistic pre-

requisite, that occupation may not be considered to be a profession.

Review of Volume II of the

Dictionary of Occupational Titles,

and the

Occupational Outlook Handbook,

publications by the De-

partment of Labor, shows that the occupational code of industrial

designer is 142.081. These publications show that the completion

of a two to three year course of study in theory and practice of

industrial design in an art school, a vocational school or an art

department of a college or university is the usual requirement for

entry into the field of industrial design. While it is true as indi-

cated

by counsel that colleges and universities may grant aca-

demic degrees in industrial design upon the completion of four or

even

five years of

academic study such a

degree

is not an

aca-

demic

prerequisite for performance of the duties of an industrial

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Interim Decision #1935

designer. Schools will issue a diploma to students completing a

two or three year specialized course in industrial design which is

acceptable preparation for entry

in industrial design positions.

In the

Matter of Palanky,

12 I. & N. Dec. 66, decided by the

Regional Commissioner December 19, 1966, it is held that since

the satisfactory

completion of two or three years of study in a

school or institute below the level of college or university is gen-

erally acceptable for entry into the field of commercial art, the-oc-

cupation of commerical artists is not a profession within the

meaning

of section 101 (a) (32) of the Act.

It is noted that Volume II of the

Dictionary Of Occupational

Titles,

and the supplement thereto gives the same terminal three

digit code of .081 to the occupation of commercial artist

and in-

dustrial designer both occupations requiring two to three years of

academic preparation.

Counsel on appeal presented various

pamphlets and other

printed material relating to

the

occupation of, and careers in, in-

dustrial design which explain in detail

the duties and functions of

that occupation and its importance in modern industry. It is

noted that one of the pamphlets entitled "Careers in Inudtsiral

Design" prepared by the "Industrial Designers Society of Amer-

ica" states in part: "Although a degree isn't a fixed requirement

for an industrial Design job, most employers favor job hunters

with degrees or certificates of graduation from recognized

schools" and further

indicates that it

is anticipated that in the

future degrees will be necessary.

Counsel's further references in oral argument on the issue of

whether the term "Industrial Designer" came within the statu-

tory definition of "profession" failed to furnish sufficient basis as

further aid in construction of the term "profession" involved in

these proceedings. The record makes it clear that a satisfactory

completion of two or three years of specialized study is acceptable

for entry into the field of industrial design and that the acquisi-

tion of a baccalaureate degree is not essential.

In the

Matter of Brantigan,

11 I. & N. Dec. 493, it is held that

the burden of proof to establish eligibility for a desired prefer-

ence rests with the petitioner. The petitioner has failed to estab-

lish that the occupation of industrial designer is a profession. The

beneficiary is

not eligible for classification under section

203 (a) (3) of the Act. The appeal will be dismissed.

The denial of the petition, however, is without prejudice for

consideration for sixth preference classification should the peti-

tioner obtain a definite offer of employment from a prospective

120

Interim Decision #1935

employer in the United States seeking his services and an appro-

priate certification be issued by the Department of Labor pur-

suant

to section 212 (a) (14) of the Act, as amended.

ORDER:

It is ordered that the appeal be and the same is

hereby dismissed.

121