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sional policy underlying the statute involved. This is not to say that we could not and would not, nevertheless, authorize suspension of deportation in a case presenting particularly strong equities, but we find none such here.

Accordingly, and in view of the foregoing, we are convinced that favorable exercise of discretion to grant suspension of deportation in this case is not indicated. Under such circumstances, a motion to reopen deportation proceedings to permit an application for such relief may rightly be denied. The special inquiry officer's decision, therefore, is approved.

ORDER: It is ordered that the appeal be dismissed.

66

APPENDIX

House of Representatives, 89th Cong., 1st Sess.,

Report #1167, Oct. 14, 1965
(To accompany H. Res. 606)

*However, it is to be noted that many aliens had been gaining admission into the United States illegally or ostensibly as nonimmigrants with the intention of establishing themselves in a situation from which they may subsequently have access to the administrative remedy under the provisions of section 244(a)(1) and thus adjust their status to that of a permanent resident.

*

The committee (on the judiciary) has noted that a variety of delaying tactics have been utilized by certain aliens to meet the minimum requirements for suspension of deportation. The committee has expressed its disapproval of those cases where the alien has been for the greater part of the 7-year period in a legal status or in a protected status. Such cases include but are not limited to visitors, students, diplomatic employees, beneficiaries of private bills, and aliens admitted to the United States to prosecute frivolous claims to citizenship.

The power of suspending deportation is a dispensing power, and it is not the intention of the committee to approve those cases which would tend to establish a pattern of immigration."

2 See Hintopoulos v. Shaughnessy, 353 U.S. 72.

4

* Matter of M-, 3 I. & N. Dec. 490; and Matter of Z—, 7 I. & N. Dec. 348.

1

245-235-67-43

MATTER OF HSUEH

In Visa Petition Proceedings

A-12291717

Decided by District Director February 24, 1966

Since a physicist is a member of the professions within the meaning of sections 101(a)(32) and 203(a)(3), Immigration and Nationality Act, as amended by P.L. 89-236, visa petition is approved to accord beneficiary, a qualified physicist, third preference classification.

Discussion: The petition was filed to accord the beneficiary a third preference classification as a member of the professions based on his qualifications as a physicist. The beneficiary is a male, native and citizen of China, married, age 29, presently residing in Baltimore, Maryland, with his wife.

The beneficiary received a bachelor of science degree in 1959 from Tunghai University, Taichung, Taiwan, and a master of arts degree in physics in June 1963 from Dartmouth College, Hanover, New Hampshire. He served as a teaching fellow in the Physics Department, Polytechnic Institute of Brooklyn, Brooklyn, New York, from September 1963 to November 1965. He has been employed as a physicist by Westinghouse Electric Corporation, Baltimore, Maryland, from December 1965 to date. The beneficiary intends to engage in his profession in the United States as a physicist.

A certification pursuant to section 212(a) (14) of the Act, as amended, has been issued by the Department of Labor,

Physicists are listed among professional occupations under code 0-35.73 in the Dictionary of Occupational Titles, volume II, second edition, prepared by the United States Department of Labor. In the third edition of the above publication, physicists are listed under professional, technical, and managerial occupations, codes 023.081 and .088. Occupations in this physical scientist group are concerned with the investigation of the laws of matter and energy and their applications to problems in such fields as science, engineering, medicine, and production. The Occupational Outlook Handbook, 1966-67

edition, of the United States Department of Labor, states that a bachelor's degree with a major in physics is the minimum entrance requirement for young people seeking careers as physicists; that physicists with master's degrees are able to qualify for many research jobs in private industry, educational institutions, and government; and that a doctor's degree is required for high-level college and university teaching positions. The average (median) annual salary for physicists was $12,000 in 1964, according to the National Science Foundation's National Register of Scientific and Technical Personnel.

From the foregoing it has been established that the beneficiary is a qualified physicist and as such is a member of the professions within the meaning of sections 101 (a) (32) and 203 (a)(3) of the Act, as amended.

ORDER: It is ordered that the petition be approved and the beneficiary accorded third preference under section 203 (a) (3) of the Immigration and Nationality Act, as amended.

MATTER OF BADBADA

In Visa Petition Proceedings

A-14709834

Decided by Regional Commissioner March 15, 1966

Since an auto mechanic technician is not a member of the professions and his skills cannot be equated with exceptional ability in the sciences or arts within the meaning of section 203 (a)(3), Immigration and Nationality Act, as amended by P.L. 89-236, he is ineligible for third preference classification.

DISCUSSION: This case comes forward on appeal from the decision of the District Director who denied the petition on February 11, 1966 as follows:

The occupations of vehicle maintenance and automotive technician are not occupations listed as requiring a member of one of the professions, and further you have not established that you are a member of one of the professions. The Dictionary of Occupational Titles, 1965, Volume 1, Definitions of Titles, Third Edition, lists both these occupations under the general category of "Automobile Services."

The denial of your petition, submitted by yourself to classify you as a member of one of the professions, will not prejudice the adjudication of a sixth preference petition, should a prospective employer desire to petition in your behalf. Sixth preference petitions must be submitted by a prospective employer, with the required fee, a certification from the United States Department of Labor, Bureau of Employment Security, and documents attesting to your skills and abilities."

The petitioner is a 39-year-old married male, a native and citizen of the Philippines residing in Pasay City, Philippines, with his wife and minor child, also natives of the Philippines.

On February 12, 1966 the petitioner filed an application to classify himself as a member of the professions entitled to preference under section 203(a)(3) of the Immigration and Nationality Act. He plans to seek work as an auto mechanic technician in auto maintenance and air ground equipment in the San Francisco area. In support of his petition, he has presented Form ES-575A establishing that he is a specialist in the overhaul of auto transmissions, aircraft

generator sets, timing lights, motor compression, hydraulic systems, valve adjustments, and voltage regulations. He has presented certificates and commendations attesting to his training and efficiency. He claims 18 years' experience as an auto mechanic and has presented written evidence to establish that he has been occupied in this type of work for over 8 years. His qualifications as an auto mechanic have been established.

Section 101(a)(32) of the Act defines the term profession as follows:

The term "profession" shall include but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies or seminaries.

Section 203 (a)(3) of the Act provides for the allotment of immigrant 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 States."

The occupation of auto mechanic technician is not classifiable as a profession, and the skills required of an auto mechanic technician cannot be equated with exceptional ability in the sciences or arts. Occupations falling within the third preference classification ordinarily require formal academic preparation, academic degrees, and/or training, experience, talents, and skills in fields such as science, law, education, religion and culture.

The petitioner in his brief has conceded that his occupation is not classifiable as a profession for purposes of section 203 (a) (3) preference and has requested that his petition be considered for classification under section 203 (a) (6) of the Act.

Section 203 (a) (6) provides for the allotment of immigrant visas to qualified immigrants who are capable of performing specified skilled or unskilled labor not of a temporary or seasonal nature for which a shortage of employable and willing persons exists in the United States. Section 212 (a) (14) of the Act, as amended, requires that an alien described in section 203 (a) (6) of the Act obtain a certification from the Secretary of Labor to the effect that there is a shortage of workers in the United States to perform the work which the alien is to perform, and that the alien's employment would not adversely affect wages and working conditions of persons in the United States similarly employed.

It should be further noted that under section 203(a)(3) an alien may petition for himself and show how he qualifies for performance of duties of the position but under section 203 (a) (6) the petition must be filed by a person who desires and intends to employ the

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