Imagini ale paginilor

tion of a specialized course of education on the college or university level. (Matter of Asuncion, 11 I. & N. Dec. 660).

While the acquisition of a baccalaureate degree is a minimum academic requirement for recognition as a member of the professions, the acquisition of such a degree does not automatically and by itself make the holder a member of the professions. (Matter of Shin, 11 I. & N. Dec. 686). Some occupations require a degree above the level of a baccalaureate degree to qualify as a professional in their field of study. The definition of professions, quoted above, includes doctors and surgeons and it is well established that a baccalaureate degree alone will not qualify a person as a doctor or surgeon and that advance degrees are a requisite for recognition in the profession of medicine and surgery.

The Dictionary of Occupational Titles, 1965, Volume I, Definition Titles, Third Edition, published by the Department of Labor, places social work in occupational code grouping 195.108 under the heading, Guidance and Counseling. The Dictionary defines a social worker as a term applied to a worker perfoming social service functions in a public or voluntary social welfare agency, organization, or department and states that classifications are made according to work performed such as social worker, psychiatric; social group worker; social worker, delinquency prevention,

In a supplement to the Dictionary the Specific Vocational Preparation (SVP) Time for a social worker is rated from five to eight years.

Volume II, Occupational Classification of the Dictionary, states with regard to training and methods of entry that while a college degree is a minimum requirement for entry into the field of social work, in most cases education beyond the four year college level is required; and that most municipal and state governments and private organizations require two years of graduate study of persons interested in pursuing social work as a career. (See Matter of Che, 12 I. & N. Dec. 146, January 13, 1967).

The Occupational Outlook Handbook, 1968-1969 edition, also published by the Department of Labor, states that while a Bachelor's degree, preferably in Social Welfare, generally is the minimum educational requirement for beginning jobs in social work, certain areas in most fields of practice require a Master's degree. For example, teaching positions require a Master's degree with a doctorate preferred. In research, training in social science research methods is required in addition to a graduate degree and experience in social work. The Handbook also states that a Mas

ter's degree in social work is awarded upon successful completion of two years of specialized study and supervised field work in an accredited school of social work; that only graduates of such schools are eligible for membership in the National Association of Social Workers (NASW) and that persons with two years of paid employment in social work under the supervision of a certified social worker and two years of membership are eligible for certification as members of the Academy of Certified Social Workers (ACSW).

The Handbook states further that: The problems with which social workers are concerned include poverty; broken homes; physical, mental, and emotional handicaps; antisocial behavior; racial tensions; and unsatisfactory community conditions such as inadequate housing and medical care, and lack of educational, recreational, and cultural opportunities.

As the foregoing indicates, the problems which are faced by a social worker relate to a variety of social and mental attitudes and conditions. Approaches to these problems are reflected in three basic methods of social work practice; namely, case work, group work, and community organization. In the instant petition, the petitioner has not indicated or defined the social work practice in which she intends to engage.

On appeal, petitioner states in brief that at the time she filed the instant petition, she was not a full-fledged social worker but has now been issued a registration certificate as such. A copy of this certificate has been submitted with appeal. Concerning two years of graduate studies from an accredited school of social work as a prerequisite to employment as a social worker here, petitioner indicates that is the reason why she does not want to work now as a social worker but is willing to work even as a clerk so that she can pursue graduate studies in the United States.

After carefully reviewing and considering all the facts in this case, we find that professions generally require either college graduation-often with an advanced degree or experience of such kind and amount to provide comparable knowledge. With regard to social work, we find that a Master's degree is required in most fields of that activity, obtained after specialized study and supervised field work. The petitioner in the instant case does not have a Master's degree nor any specialized training and field work in her stated profession. Her only employment since obtaining her degree has been that of a temporary worker of a tuberculosis society in the Philippines with duties involving delivering

letters of solicitation for funds and following up same. The record fails to establish that the petitioner has the high level of training and experience needed to qualify as a member of the professions as a social worker.

The burden of proof in visa petition proceedings to establish eligibility for preference classification sought rests with the petitioner. (Matter of Cheung, 12 I. & N. Dec. 715). The petitioner has failed to meet that burden of proof in establishing that she qualifies as a member of the professions under section 203 (a) (3) of the Act, as amended, as a social worker. The District Director's decision will be affirmed and the appeal dismissed.

ORDER: It is ordered that the appeal be and the same is hereby dismissed.


In Section 249 Proceedings


Decided by Board November 25, 1968

The Board of Immigration Appeals does not have jurisdiction to entertain a

District Director's certification of his determination on an application for the creation of a record of lawful admission for permanent residence pursuant to section 249 of the Immigration and Nationality Act, as amended, since the appellate jurisdiction of the Board exists only as delineated in 8 CFR 3.1 (b), which does not provide for such action.

The District Director, San Francisco District, under date of September 23, 1968 ordered that a record of admission for permanent residence be established pursuant to section 249 of the Immigration and Nationality Act, such lawful permanent residence to begin September 23, 1968. He further ordered that in view of the apparent conflict of his order with the cited precedent decisions of the Board of Immigration Appeals, his decision be certified to the Board for concurrence or negation.

The appellate jurisdiction of the Board is provided for in section 3.1(b), Title 8, Code of Federal Regulations. The District Director concedes that there is no procedure provided in the regulations for a District Director to certify an application under section 249 of the Immigration and Nationality Act to the Board of Immigration Appeals. He points out there is also no prohibition in the regulations against such action. However, the fact that no regulation specifically prohibits our taking jurisdiction is beside the point. The appellate jurisdiction of the Board is delineated in 8 CFR 3.1 (b). Unless the regulation affirmatively grants us power to act, we have no power insofar as appellate jurisdiction is concerned.

In the event that the District Director desires to certify his decision further, certification should be to the Regional Commissioner under the regulations. Otherwise, unless the case arises on appeal from a decision of a special inquiry officer in deportation cases as provided in Part 242, 8 CFR, this Board is without jurisdiction. The certification desired by the District Director to this Board will be denied for lack of jurisdiction.

ORDER: It is ordered that certification of the order of the District Director in section 249 proceedings of the Immigration and Nationality Act be and the same is hereby denied for lack of jurisdiction.

« ÎnapoiContinuați »