VP 5-29036
Decided by the Central Office July 21, 1953
Visa petition — Quota immigrant whose services are needed urgently in the United States — Section 203 (a) (1) (A) of the Immigration and Nationality Act.
An individual who has worked for a number of years as a farmhand and tractor driver; who has had no experience in raising the principal crop of the farm on which he is to be employed; who is not particularly experienced in tending beef cattle which is bred on the farm; and who is not a trained mechanic does not possess the specialized experience contemplated by section 203 (a) (1) (A) of the Immigration and Nationality Act for the purpose of coming to the United States to act as working assistant manager of a 300 acre farm, a job which requires experience in raising tobacco and corn, tending beef herd, and maintenance of farm machinery.
BEFORE THE CENTRAL OFFICE
Discussion: The beneficiary alien is a 41-year-old native of Czechoslovakia, presently residing in Germany. It is alleged that he possesses specialized experience in farm management and operation and maintenance of farm machinery. The District Director, Baltimore, Md., denied the petition on the ground that the beneficiary does not meet the requirements of high education, technical training, specialized experience or exceptional ability as required by section 203 (a) (1) (A) of the Immigration and Nationality Act. The petition is now before us on appeal from this decision.
The petitioner operates a farm located at St. Leonard, Calvert County, Md., containing approximately 200 acres, and other farms which he rents. He raises a large crop of tobacco on these farms and is developing a breeding herd of cattle now numbering approximately 35. The petitioner desires the services of the beneficiary to act as assistant to the farm manager in charge of maintenance of mechanical equipment and general farm work.
If this petition is to receive favorable consideration, such action must be predicated on the theory that the beneficiary, R---- R----, has the "specialized experience" contemplated by section 203 (a) (1) (A) of the Immigration and Nationality Act and that his admission to the United States will be substantially beneficial prospectively to the national economy, cultural interests, or welfare of the United States.
It appears to be established of record that R---- has for a number of years worked as a farmhand and the petitioner alleges, without supporting proof, that the beneficiary "is a practical farmer having operated his own farm for a great number of years in the Sudetenland." There are of record three certificates from Germany, where R---- now resides, alleging generally that R---- has worked as a "tractor driver and first-team driver in charge of the care, maintenance, and operation of all modern agricultural machines, running the tractor and taking care of cattle."
The petitioner, in his application to the Maryland employment service, for a suitable employee, under "experience" stated, "must be experienced in raising tobacco and corn, tending beef herd, and a trained farm machinery mechanic-'Job Summary'-plant, cultivate, harvest tobacco, corn, and hay (farm approximately 300 acres), tend herd of 35 beef cattle-some milking by hand, maintain and repair various farm machines, and to act as working assistant manager of farm."
The petitioner now has a manager of this approximately 300-acre farm. We seriously doubt that R---- will have any real managerial responsibility. There is no showing that R---- has had any experience in raising tobacco, apparently the principal crop. We fail to find of record any claim that R---- is particularly experienced in handling and tending beef cattle over and above the usual routine handling of cattle. We are not satisfied that R---- is a trained mechanic so as to warrant a finding of "specialized experience" on that basis. The petitioner apparently employs considerable farm machinery such as corn planter, corn pickers, hay balers, and power sprayers. However, it is extremely doubtful that R---- has any real knowledge of this mechanical equipment. For the purpose of discussion we may concede that he has operated a tractor but no showing has been made that such modern machinery as is utilized by the petitioner on his farm has ever been operated by the beneficiary, not to mention the matter of maintenance and repair of such equipment.
In view of the above discussion, we find it impossible to conclude that this petitioner has met the requirements of the statute. The appeal will be dismissed.
Order: It is ordered that the appeal from the order of the District Director, Baltimore, Md., denying the petitition for classification of R---- R---- as a quota immigrant whose services are needed urgently in the United States within the contemplation of section 203 (a) (1) (A) of the Immigration and Nationality Act be and is hereby dismissed.