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ment Branch" of the Food and Nutrition Research Center in Manila on November 26, 1964. The record shows that she was employed by the Food and Nutrition Research Center in Manila in nutritional research from March 1965 to June 1965 during which time she made a nutrition survey in the different provinces and made up nutrition menus for the different provinces. From October 1965 to December 1967 she was employed by the Nutrition Foundation of the Philippines working in nutritional research as the "Public Health Nutritionist" and assisted the national agencies in the planning and implementation of public health nutrition. She also conducted refresher courses for public health nutrition workers in related fields and assisted in the initial implementation of applied nutrition programs in the Philippines. Since March 25, 1968, she has been employed in the "Dietary Department” of a Santa Monica, California, hospital under the direct supervision of the chief dietician.
Pursuant to section 212 (a) (14) of the Act, the Secretary of Labor has issued a Labor certification for the occupation of nutritionist in code 077.128.
The Matter of Asuncion, 11 I. & N. Dec. 660, holds that a characteristic common to occupations considered to be in the professions is the minimum of a baccalaureate degree. The issue in this case is to determine if the minimum of a baccalaureate degree is adequate academic preparation for recognition as a member of the professions as a nutritionist. The occupation of nutritionist is defined in Volume I of the Dictionary of Occupational Titles, published by the Department of Labor, as follows: Organizes, plans, and conducts programs concerning nutrition to assist in promotion of health and control of disease: Instructs auxiliary medical personnel and allied professional workers on food values and utilization of foods by human body. Advises health and other agencies on nutritional phases of their food programs. Conducts in-service courses pertaining to nutrition in clinics and similar institutions. Interprets and evaluates food and nutrient information designed for public acceptance and use. Studies and analyzes scientific discoveries in nutrition for adaptation and application to various food problems. May be employed by public health agency and be designated as NUTRITIONIST, PUBLIC HEALTH.
Volume II of the Dictionary of Occupational Titles, sets forth the training requirements for occupations in the terminal three digit code group of 128, which includes nutritionists as follows: Experience in an appropriate field of work, such as nursing, dietetics, public health, or medical technology, is essential for entry into supervisory and instructive work in these fields. Courses in education or supervisory practices may be required.
The Occupational Outlook Handbook, also published by the Department of Labor, in its discussion of the biological sciences includes the occupation of nutritionist together with agronomists, biophysicists, pharmacologists, and others within its orbit, and in describing the training and qualification requirements for entry into these fields states: “The bachelor's degree with a major in one of the biological sciences is adequate preparation for many beginning jobs” and also states that persons seeking advancement in professional careers should plan to obtain an advanced degree and that those without graduate training may be limited to intermediate level positions.
From the above it is evident that a baccalaureate degree in one of the biological sciences, which includes nutritionists is adequate academic preparation for entry into the field of work in which the degree is held.
In the Matter of Stamatiades, 11 I. & N. Dec. 643, the applicant had a Bachelor of Science degree in Biology and it was held that a baccalaureate degree in biology qualified him as a member of the professions as a biologist eligible for classification under section 203 (a) (3) of the Act.
Furthermore, counsel presented a U.S. Civil Service Announcement for an examination for the occupations of Dietician and Public Health Nutritionist which states: Applicants for Public Health Nutritionist positions must meet the requirements shown under either A or B below, or they must have had any timeequivalent combination of A and B. A. Successful completion of a full 4-year course in an accredited college
or university, leading to a bachelor's degree, provided that such study included or was supplemented by at least 12 semester hours in nutrition and foods and 14 semester hours in natural sciences
(chemistry, biology, physiology);... Applicant qualifies under A above. She has a bachelor's degree in nutrition and has 52 semester hours in foods and nutrition and 27 semester hours in natural sciences predominately in chemistry and biology.
Considering all the factors described above, we find that the petitioner is academically qualified as a nutritionist by reason of her academic degree. She had two and one-half years working experience as a nutritionist abroad prior to coming to the United States and is presently employed in a hospital in dietetics, a closely related field. The petitioner has satisfactorily established that she qualifies for recognition as a member of the professions
as a nutritionist. The appeal will be sustained and the petition granted.
In view of the finding that the appeal be sustained and the petition granted, no purpose would be served by granting counsel's request for oral argument in support of the appeal.
ORDER: It is ordered that the appeal be sustained and the petition granted.
MATTER OF ZANG
In Visa Petition Proceedings
Decided by Acting District Director May 1, 1969
Since a visa petition to classify an alien as a preference immigrant under
section 203(a) (6) of the Immigration and Nationality Act, as amended, must be supported by a certification by the Secretary of Labor, a visa petition to accord beneficiary sixth preference classification as a licensed contractor or construction superintendent is denied in the absence of a supporting labor certification notwithstanding beneficiary, as an investor, might be exempt from the need for such certification (8 CFR 212.8(b) (4))
if applying for immigrant status as a nonpreference immigrant. ON BEHALF OF PETITIONER: Ben Shapero, Esquire
1500 First National Building
The petition seeks to classify the beneficiary as a preference immigrant under section 203(a) (6) of the Immigration and Nationality Act, as amended, for employment as a licensed contractor or construction superintendent.
The beneficiary is a citizen of Israel, born February 21, 1944, in Israel. He is an equal partner in a general contracting company and is primarily engaged in the field operation of this firm. He intends to continue in his present calling.
Section 203 (a) (6) of the Act, as amended, provides for the availability of 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 203 (a) (8) of the Act provides, inter alia, that no immigrant visa shall be issued to an immigrant with a preference under section 203 (a) (6) of the Act until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a) (14) of the Act. The latter section also specifically makes sixth preference beneficiaries
subject to such a determination by the Secretary of Labor. The pertinent portion of the implementing regulation, 8 CFR 204.1(d), provides that a petition for sixth preference classification must be accompanied by a certification under section 212(a) (14), supra.
On September 1, 1967, the beneficiary entered into an equal partnership agreement for the establishment of an independeng general contracting firm. His initial cash investment was one thousand dollars, and his partner invested five thousand dollars. Petitioner, through counsel, proposes that the partnership agreement was predicated on the basis of the beneficiary's knowledge of the construction business and his licensure by the State of Michigan as a building contractor; that his knowledge, experience and licensure, coupled with the cash investment of one thousand dollars, was at least quivalent to his petitioner's cash investment. Two financial statements submitted in support of the petition reflect that the present assets of the petitioning company are $27,985.82, an increase of more than one hundred per cent during the period from January 1968 to November 1968. From the evidence presented, it is considered that the business is enjoying some degree of success when considered by the standards normally applied to a small business venture.
Petitioner, at Service direction, applied to the Bureau of Employment Security, Department of Labor, for the certification required by section 212(a) (14) of the Act, as amended. Under date of July 9, 1968, the Regional Administrator, Bureau of Employment Security, Chicago, Illinois, rejected the application for alien employment certification on the following grounds:
We note in item 20 of ES 575B, that the alien will be paid a share of the profits rather than a regular salary. It appears from the application that Mr. Zang will be a partner in the business rather than an employee of the firm. Persons who will be self-employed in the United States are not eligible for alien employment certification. Consequently, we are returning your request without action by the Department of Labor.
The Regional Administrator's remarks are interpreted to indicate that the beneficiary is either being considered as an investor and not required a certification under 8 CFR 212.8(b), or is considered to be within 8 CFR 212.8(a) as an alien who will not engage in skilled or unskilled labor in the United States. Upon careful consideration of the cited regulations, it is apparent that the beneficiary will in fact engage in skilled labor in the United States and cannot be exempted certification as one who will not so engage himself. Consideration is therefore directed to exemption