242.22 provides that a motion to reopen to consider an application for such relief will not be granted if the alien's right to apply was fully explained to him by the special inquiry officer, and he was afforded an opportunity to apply at the hearing. As indicated above, this record shows that the special inquiry officer complied strictly with the requirements of 8 CFR 242.22, and the respondent specifically waived his right to apply. The record also reflects that the respondent was represented by competent and experienced counsel at the time he did so.

We are aware that 8 CFR 242.22 does authorize reopening where the request therefor is based on circumstances arising after the hearing; that section 243 (h) as originally enacted made the test for relief thereunder "physical persecution"; and that the October 3, 1965 amendment to the statute (P.L. 89-236, 89th Cong., H.R. 2580) altered the test to "persecution on account of race, religion or political opinion." We, however, do not think these factors call for favorable action on the motion.

On June 9, 1964, when this Board denied a similar motion in this case, our decision was based on a thorough review of evidence designed to establish that respondent's deportation to Formosa would subject him to "physical persecution." Specifically, the evidence then considered was intended to show that respondent might be put to death by Formosan authorities. It revealed that his fear of such a fate was predicated on the fact that he had received and/or requested from them funds to further the purpose for which they had permitted him to come to the United States, for their ultimate benefit as well as his, whereas he had, in fact, long since abandoned pursuit of that goal and was advancing his own interests which were inconsistent therewith.

The present motion is based on the same evidence we previously found wanting as proof of possible "physical" persecution. And counsel's arguments in support of this motion are still directed to the respondent's fear of "physical" punishment for conduct clearly criminal in nature rather than political. The contentions now voiced do not tend to show that respondent's case falls within the amended. statute, to wit: that he fears "persecution on account of race, religion or political opinion." Therefore, we find that this motion does not satisfy the requirements of 8 CFR 3.8 that it be based on new facts to be proved at the reopened hearing.

In other words, counsel seeks to avail himself of the statute as amended to delete the word "physical" from its provisions. However, he argues solely that the respondent will be subject to "physi

cal" persecution, an argument which has previously been considered and rejected by this Board. Accordingly, no useful purpose would be served to now reopen proceedings for consideration under the amended statute. The motion, therefore, will not be granted. ORDER: It is ordered that the motion be and the same is hereby denied.

245-235-67-57

MATTER OF KU

In Visa Petition Proceedings

A-12920131

Decided by District Director September 19, 1966

Since beneficiary, who has a master of science degree in mathematics, is a qualified mathematician and as such is a member of the professions within the meaning of section 101(a)(32) of the Immigration and Nationality Act, as amended by Public Law 89-236, he is eligible for preference classification as a mathematician under section 203(a)(3) of the Act, as amended.

Discussion: The petition was filed to accord the beneficiary third preference classification as a member of the professions based upon his qualifications as a mathematician.

The petitioner is a thirty-two-year-old married male, a native and citizen of China. On September 2, 1966, he filed a petition to classify himself as a member of the professions, entitled to preference under section 203 (a)(3) of the Immigration and Nationality Act, as amended, which provides for immigrant visas to be made. available "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 beneficiary was awarded a bachelor of science degree in mathematics by Taiwan Normal University, Taipei, Taiwan, in July 1960 and a master of science degree in mathematics by Tulane University, New Orleans, Louisiana, in May 1964. He was employed as a research assistant in mathematics from July 19, 1960 to September 1, 1962 by the Institute of Mathematics, Taipei, Taiwan. He has been engaged as a teaching assistant in mathematics by Tulane University since September 1962. The beneficiary is presently a candidate for a doctor of philosophy degree in mathematics at Tulane University and intends to engage in his profession in the United States as a mathematician.

The occupation of mathematician falls within the category of vocations for which the Department of Labor has issued a blanket certification pursuant to 29 CFR Part 60.2. The blanket certification is to the effect that persons whose education or experience is equivalent to the baccalaureate degree conferred by accredited United States colleges and universities in certain listed specialties, one of which is mathematics, are considered to be engaged in an occupation for which there are not sufficient qualified persons available in the United States and that the employment of such qualified persons will not adversely affect the wages and working conditions of workers in the United States similarly employed.

Section 101 (a) (32) of the Act, as amended, provides that: "The term 'profession' shall include but not be limited to architects, engineers, lawyers, physicians, and teachers in elementary or secondary schools, colleges, academies, or seminaries."

The beneficiary's vocation, that of mathematician, is not specifically named in section 101(a) (32) of the Act as a profession. However, the Dictionary of Occupational Titles 1965, Volume II, Third Edition, published by the United States Department of Labor, places mathematicians, Code 020.088, within the mathematics, physical sciences, and related research group of occupations and indicates, at page 468, that "a bachelor's degree in the appropriate subject matter, such as mathematics, astronomy, and geography, is the minimum educational requirement for entrance into this type of work. For the more responsible research positions an advanced degree is necessary. A Ph.D. is usually essential for entrance into astronomy. Workers in pure mathematics seldom require training in a particular field, but those in applied mathematics must acquire knowledge of the field in which mathematics is used."

The high degree of education required for entry into the field of mathematics is comparable to the degree of education required for the specific professions named in section 101(a) (32), supra. Accordingly, it is concluded that the applicant as a mathematician is a qualified member of the professions.

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 LETTMAN

In Section 249 Proceedings

A-12017122

Decided by Regional Commissioner November 10, 1966

Notwithstanding his intent to reside permanently in this country, an alien agricultural worker who, following his initial entry in 1944, thereafter returned to Jamaica for short periods every three years upon the expiration of his work contracts, has failed to establish a continuous residence in the United States since prior to June 30, 1948, and, therefore, is statutorily ineligible for the creation of a record of lawful admission for permanent residence pursuant to the provisions of section 249 of the Immigration and Nationality Act, as amended.

This matter is before the Regional Commissioner for review as a result of certification by the District Director of his order of March 7, 1966 approving the application.

The applicant is a citizen of Jamaica, West Indies, born in Darliston, Westmoreland, Jamaica on October 8, 1922. His application shows he first arrived in the United States in April 1944 when he was inspected and admitted by an immigration officer; that he was then coming as an agricultural worker; that his residence has since been in the United States; that he has returned to Jamaica every three years for short absences, the longest of which was five months from April 1950 to September 1950; that he was married June 25, 1950 to a native and citizen of Jamaica who still resides in that country; and that he last entered the United States on July 5, 1963 as a "contract worker". Evidence has been submitted that he has been employed, with the exception of the absences mentioned, since April 1948 as an agricultural worker by a tobacco grower with an office in Hartford, Connecticut. At least until 1959, his residences in the United States have been in a camp or other living quarters furnished by an employer to its agricultural laborers, presumably pursuant to the contracts or agreements under which the services of alien agricultural workers were made available for temporary employment.