Matter of Saini (Board decision, December 14, 1966)

Plain-English summary

A petition sought third preference visa classification for a soil scientist from India who was working in Canada and had accepted a U.S. position. He held a Ph.D. in soil science and had worked for the Canadian Department of Agriculture since 1962. The Department of Labor had issued the required certification. The District Director found that soil science was a profession under the immigration law and that the beneficiary's education qualified him. He approved the petition and granted third preference classification. This is an initial petition approval, rather than review of an earlier order.

Decision snapshot

• Cited authorities: Immigration and Nationality Act §§ 101(a)(32), 203(a)(3), and 212(a)(14).
• Outcome: Petition approved; beneficiary accorded third preference classification.
• Key point: A qualified soil scientist with accredited university training counted as a member of the professions.

Full text (BIA official public release)

Interim Decision #1681

MATTER OF SAINI
In Visa Petition Proceedings
A-10588023
Decided by District Director December 14, 1966 Since a soil scientist is a member of the professions within the meaning of sec- tion 101(a) (32) of the Immigration and Nationality Act, as amended by P.L. 89-236, and beneficiary is a qualified soil scientist, having received a Ph.D. degree in soil science from an accredited university and having approximately 5 years' experience as a soil scientist, he is eligible for preference classification under section 203 (a) (3) of the Act, as amended.

The petition was filed to accord the beneficiary a third preference classification as a member of the professions based upon his qualifica- tions as a soil scientist. The beneficiary is a male, native and citizen of India, age 42, presently residing in Fredericton, New Brunswick, Canada, with his wife and child. The beneficiary received a bachelor of science degree in 1945 from Punjab University in India, a master of science degree in soil science in 1955 from Punjab University, and a doctor of philosophy degree in soil science in August 1960 from Ohio State University, Columbus, Ohio. He has been employed as a soil scientist from January 1962 to date by the Canadian Department of Agriculture, Fredericton, New Brunswick, Canada. The beneficiary intends to engage in his profes- sion in the United States as a soil scientist, having accepted a position in this field with W. R. Grace and Company, Clarksville, Maryland. A certification pursuant to section 212 (a) (14) of the Act, as amended, has been issued by the Department of Labor. Soil scientists are listed among professional occupations under code 0-35.03 in the Dictionary of Occupational Titles, Volume II, second edition, prepared by the Department of Labor. In the third edition of the above publication, soil scientists are listed under code 0-40.081 among occupations in the agricultural sciences group of professional, technical, and managerial occupations. Soil scientists study the phys- ical, chemical, and biological characteristics and behavior of soils. From their research, soil scientists can classify soils in terms of re-

20
 Interim Decision #1681 sponse to management practices and capability for producing crops, grasses, and trees as well as their utility as engineering materials. The Occupational Outlook Handbook, 1966-67 edition, of the United States Department of Labor, states that training in a college or uni- versity of recognized standing is important in obtaining employment as a soil scientist and that a bachelor's degree in soil science is a mini- mum requirement for entrance into this field. It is further stated that persons with graduate training, especially those with the doctor's de- gree, can be expected to advance rapidly into responsible positions with good pay. Soil scientists are employed in a wide range of public and private institutions, including fertilizer companies, private re- search laboratories, banks and other lending agencies, and real estate firms. Earnings of well-qualified Federal soil scientists with several years' experience range from about $9,000 to $14,000 per year. Numer- ous positions in the soil scientist field are vacant because of a shortage of qualified persons. It is concluded that a person who has a bachelor's degree in soil science from an accredited college or university is a member of the professions within the meaning of sections 101(a) (32) and 203 (a) (3) of the Act, as amended. The applicant is entitled to classification as a member of the professions by virtue of his educational attainments. ORDER: It is ordered that the petition be approved and the bene- ficiary accorded third preference under section 203 (a) (3) of the Im- migration and Nationality Act, as amended.

21