Matter of Mostafa (Board decision, March 9, 1967)

Plain-English summary

The petition sought third preference classification for a geophysicist from the United Arab Republic based on his education and professional work. The District Director found that his bachelor's degree in geology and chemistry, together with his work as a geophysicist, qualified him for classification as a member of the professions. The decision approved the petition and accorded the beneficiary third preference classification as a geophysicist.

Decision snapshot

• Cited authorities: Immigration and Nationality Act §§ 101(a)(32), 203(a)(3), and 212(a)(14).
• Outcome: Visa petition approved; beneficiary accorded third preference classification as a member of the professions.
• Key point: A qualified geophysicist with a bachelor's degree in geology and chemistry can receive professional preference classification.

Full text (BIA official public release)

Interim Decision #1716

MATTER OF MOSTAFA
In Visa Petition Proceedings
A-17003045
Decided by District Director March 9, 1967

Since a geophysicist is a member of the professions within the meaning of section 101(a) (32) of the Immigration and Nationality Act, as amended by P.L. 89-280, and since beneficiary, who has a bachelor of science degree in geology and chemistry, is a qualified geophysicist, he is eligible for preference classification under section 203(a) (3) of the Act, as a geophysicist.

The petition was filed to accord the beneficiary third preference clas- sification as a member of the professions based upon his qualifications as a geophysicist. The petitioner is a thirty-four-year-old married male, a native and citizen of the United Arab Republic. On January 20, 1967, 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 National- ality Act, as amended. The statute 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 econ- omy, cultural interests, or welfare of the United States." The benefi- ciary was awarded a Bachelor of Science degree in geology and chemistry by the University of Cairo, Cairo, Egypt in May 1953. He was employed as a geophysicist trainee from February 1955 to Sep- tember 1956 by Sahara Petroleum Company, Alexandria, Egypt. From January 1957 to November 1963, the beneficiary was employed as a geophysicist by Societe Cooperative Des Petroles, Cairo, Egypt. He has been employed as a geophysicist by Pan American UAR Oil Company, Cairo, Egypt since December 1964. A certification pursuant to section 212(a) (14) of the Act, as amended, has been issued by the Department of Labor. Geophysicists are listed under professional, technical and man- agerial occupations, Code 024.081 in the Dictionary of Occupational Titles, Volume II, Third Edition, prepared by the Department of

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Interim Decision #1716
Labor. Occupations in this physical scientist group are concerned with the composition and physical aspects of the earth, its interior and atmosphere, as well as the land and bodies of water on its surface and underground. To conduct their investigations, geophysicists apply the principles and techniques of physics, geology, mathematics, chemis- try, and engineering. The Occupational Outlook Handbook, 1966-67 Edition, of the United States Department of Labor, states that a bachelor's degree with a major in geophysics or a bachelor's degree in a related science or in engineering is adequate preparation for en- trance into this field. This Handbook further states that for geophys- ical specialties other than exploration, and for the more desirable positions in exploration work, graduate education in geophysics or in a related science is usually required. A doctor's degree with a major in geophysics, or in a related science with advanced courses in geo- physics, is generally required for teaching careers, positions involving fundamental research, and for advancement in most types of geophys- ical work. It is concluded that entry into the field of geophysics requires the high education that is associated with the occupations named under section 101(a) (32) of the Act, and that a geophysicist is a member of the professions within the meaning of the Act. The beneficiary, as a geophysicist, is entitled to classification as a member of the professions. 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.

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