Matter of Shin
- Reporters:
The petition was filed to classify the beneficiary as a preference immigrant under subsection 203(a)(3) of the Immigration and Nationality Act, as amended, as a member of the professions, based upon his qualifications as a financial economist.
The beneficiary is a 31-year-old citizen of Korea, presеntly in the United States. Evidence has been presented that he received a master‘s degree in economics from the University of Illinois in August 1961. He was employed as a financial economist by A. H. Gruetzmacher and Company, Mortgage Bankers and Financial Consultants, Chicago, Illinois, from Septеmber 1961 to September 1963. The beneficiary has been studying for a doctorate degree in finance at the University of Illinois since September 1963.
The Department of Labor has issued a certification pursuant to subsection 212(a)(14) of the Act, as amended. The certification is to the effect that there are not sufficient qualified financial economists available in the United States and that the employment of such econоmists will not adversely affect wages and working conditions of workers in the United States similarly employed.
The questions to be resolved to determine whether the beneficiary is entitled to the preference sought are: (1) is a financial economist a member of the professions and (2), if so, do the beneficiary‘s qualifications meet the requirements for that vocation.
The word “profession” originally contemplаted only theology, law and medicine, but as applications of science and learning are extended to other departments and аffairs, other vocations also receive the name, which implies professed attainments in special knowledge as distinguished from mere skill.1
Webster‘s New International Dictionary сontains, among others, the following definition of “profession“:
The occupation, if not purely commercial, mechanical, agriculturаl or the like, to which one devotes oneself; a calling in which one professes to have acquired some special knowledge usеd by way either of instructing, guiding, or advising others or of serving them in some art; as, the profession of arms, of teaching, of chemist.
In short, it refers to a status which requires knowledge of an advanced type in a given field of science or learning gained by a prolonged course of specializеd instruction and study.2
In addition to the foregoing, a guideline to what constitutes a “profession” within the meaning of the Act is found in a characteristic cоmmon to each of the vocations named in the subsection under reference. That common denominator is the fact that all require sрecialized training that is normally attained through high education of a type for which at least a bachelor‘s degree can be obtained, or through equivalent specialized instruction and experience in lieu thereof. An example of the latter lies in the field of law wherein many members of that profession have obtained their knowledge through the medium of intensive work, instruction and study in that activity under the direction and guidance of members of that profession.
To summarize, the vocations included in the term “profession” in our modern highly industrialized society are constantly expanding, consistent with the greater knowledge and specialized training that such a society demands. These could well include, in addition to various scientific fields, highly specialized activities in business ad
The definition of “financial economist” is given in the Dictionary of Occupational Titles3 as follows:
Studies nature of money, credit, and credit instruments, and operаtion of banks and other financial institutions to develop monetary policies and to forecast financial activity: Investigates credit struсtures and credit collection methods to improve them: Examines banking methods and procedures to devise techniques for regulation of lending and fixing of interest and discount rates. Studies money exchanges to recommend or establish domestic and international monetary policiеs. Investigates relationship between quantity of money, credit, and purchasing power to find methods for establishing and maintaining desirable balancеs.
Financial economics is one of the social sciences and the qualifications for professional employment in that field are also discussed in the Dictionary of Occupational Titles, supra,4 which states that, generally, a master‘s degree is the minimum requirement for entry into that field and that scientists with this degree qualify for college instructorships in some schools and many nonteaching positions in Government and industry. It adds that in most schools a Ph.D. is the usual requirement for faculty pоsitions and for the more responsible administrative and research positions. It further indicates that, for the most part, a bachelor‘s degree is not adequate preparation for entrance into that field, although supplemental study and training may later qualify an individual for entry therein. Thе latter also applies to entry applicants without a graduate degree.
On the basis of all of the foregoing, we find that a financial economist requires highly specialized knowledge of an advance type and is a member of the professions within the meaning of the Act. We furthеr find that the beneficiary is qualified as a member of that profession.
Accordingly, the petition will be approved.
ORDER: It is ordered that the petition be and the same hereby is approved.