Matter of Buenaventura (Board decision, November 2, 1967)

Plain-English summary

A school counselor sought third preference immigrant classification as a member of the professions. The District Director found that professional recognition as a school counselor required graduate work in guidance and at least one year of teaching experience. The petitioner had a bachelor's degree and counseling employment, but neither graduate study in guidance nor teaching experience. The Director denied the petition.

Decision snapshot

• Cited authorities: Former INA §§ 101(a)(32), 203(a)(3); U.S. Department of Labor, Occupational Outlook Handbook (1966–1967 edition).
• Outcome: Third preference visa petition denied.
• Key point: Counseling employment and a bachelor's degree did not meet the identified professional qualification requirements for a school counselor.

Full text (BIA official public release)

Interim Decision #1869

MATTER OF BUENAVENTURA

In Visa Petition Proceedings
A-17192986
Decided by District Director November 2, 1967 Since the minimum requirements for professional recognition as a school coun- selor consists of graduate level work in the guidance field plus at least one year of teaching experience, beneficiary, who has done no graduate level work in the guidance field and has no teaching experience, is not a qualified member of the professions within the meaning of section 101(a) (32) of the Immigra- tion and Nationality Act, as amended, and is not eligible for preference classification under section 203(a) (3) of the Act, as amended, as a school counselor.

Discussion: The petitioner seeks classification, as a preference immi- grant under section 203(a) (3) of the Immigration and Nationality Act, as amended, based upon her qualifications as a school counselor. She received a Bachelor of Arts degree in guidance and counseling from St. Scholastica's College, Manila, Philippines on April 11, 1964. She was employed as a Guidance Counselor from June 1964 to August 1965 by the De La Salle College, Manila, Philippines and from April 1966 to date has been employed as Guidance Counselor by the Assump- tion Convent, Makati, Rizal, Philippines. Counselors are listed under professional, technical, and managerial occupations, Code 045.108 in the dictionary of occupational titles, Volume I, 3rd Edition, prepared by the United States Department of Labor. The duties involve counseling individuals and providing group educational and vocational guidance services : collecting, organizing, and analyzing information about individuals through records, tests, interviews, and professional sources to appraise their interests, apti- tudes, abilities, and personality characteristics for vocational and educational planning; compiling and studying occupational, educa- tional, and economic information to aid counselees in making and carrying out vocational and educational objectives ; referring students to placement service; assisting individuals to understand and over- come social and emotional problems, and engaging in research and follow-up activities to evaluate counseling techniques. Counselors may 754
 Interim Decision #1869 teach classes and may be designated according to area of activity as counselor, college; counselor, school. The Occupational Outlook Handbook, 1966-1967 edition, of the United States Department of Labor, states that most states require counselors to have both a teaching certificate and a counseling certifi- cate. A counseling certificate usually requires graduate level work in the guidance field, and from one to five years teaching experience. Seventeen states require a Masters Degree in counseling; and about half the states require some work experience outside the teaching fields. In some school systems, teachers who have completed half of the courses required for the Masters Degree may counsel under supervision while taking additional courses. Based upon the foregoing, it is concluded that the minimum require- ments for professional recognition as a school counselor consists of graduate level work in the guidance field plus at least one year of teaching experience. The beneficiary possesses no graduate level work and no teaching experience. Consequently, she does not qualify as a member of the professions under section 203(a) (3). ORDER : It is ordered that the petition to classify the status of Agla- loma Abueg Buenaventura as a preference immigrant under section 203(a) (3) of the Immigration and Nationality Act, as amended, be and is hereby denied.

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