VP 3-86575
Decided by Central Office July 31, 1956
Preference quota status — Section 203 (a) (1) (A), Immigration and Nationality Act — Maintenance of heavy automotive equipment as skilled occupation.
An individual who has had many years of comprehensive and well-rounded experience in the repair and maintenance of heavy automotive equipment and in the supervision of auto mechanics engaged in such work may be granted preference quota status under section 203 (a) (1) (A) of the Immigration and Nationality Act when the work to be performed by him in the United States will be the maintenance and repair of equipment consisting of tractors, trailers, trucks, automobiles, mobile lifts, and compressors used in connection with the manufacture and delivery of poultry and livestock feeds.
BEFORE THE CENTRAL OFFICE
Discussion: The beneficiary is a 50-year-old male, a native and citizen of Italy. He resided in the United States from 1947 until early in 1956 when he departed while under expulsion proceedings, based upon an illegal status in this country. Prior to his departure the beneficiary was employed by the petitioner for several months as a fleet mechanic in the maintenance and repair of equipment valued at $100,000, consisting of tractors, trailers, trucks, automobiles, mobile lifts and compressors. Among other things, the beneficiary's duties included the complete overhauling of motors.
The petitioner who is engaged in the business of manufacturing and selling poultry and duck feed maintains its own shop with a machinist, mechanic and helper for the maintenance of its vehicles. In addition to its other automotive equipment the petitioner operates a fleet of 18 trucks and trailers in connection with the business.
The petitioner alleges that its products are necessary for the raising of poultry which is essential to the welfare and economy of the country. The clearance order from the United States Employment Service requires a truck mechanic who can, with minimum supervision, disassemble and overhaul engines, transmissions, clutches, rear ends and other truck assemblies and use general and specialized machines, gages, and tools.
The petitioner also asserts that the beneficiary will be required to operate the repair shop.
The record discloses that from 1920 to 1930 the beneficiary was employed as an automobile mechanic and showed outstanding ability on combustion and diesel engines and became head of a department; from 1931 to 1936 he was employed as a supervisor in connection with the maintenance of machinery in an olive oil extracting plant; from 1936 to 1941 he operated his own machine shop, repairing and overhauling diesel and gasoline motors on tractors and trucks; from 1941, when he was taken into custody by the British, until 1946 he was employed as an automobile mechanic on British trucks, tanks, trailers and bulldozers; he operated a garage in the United States from 1948 to 1949, doing repair work and overhauling and has continued to work as an auto mechanic until recently. Several reputable persons have attested to his skill as a master mechanic and statements from his former employers have been submitted in support of his qualifications for first preference status.
The District Director at New York denied the petition and his decision was affirmed by the Acting Regional Commissioner. The case is now before the Assistant Commissioner, Examinations Division, by certification.
The supporting evidence shows that the beneficiary has had many years of experience in all phases of the repair and maintenance of heavy automotive equipment and in the supervision of auto mechanics engaged in such work. It cannot be doubted that this experience has been acquired in a skilled occupation and that it has been comprehensive and well-rounded so as to qualify the beneficiary to perform the various tasks of this occupation. This is not the case of an individual whose experience as an auto mechanic is limited to rudimentary tasks such as grinding valves or adjusting brakes which would not qualify one as a person having "specialized experience."
In the Matter of R---- G---- F---- C----, VP 3-27845, 5, I. N. Dec. 321 (C.O., 1953), we held that an individual exceptionally skilled at repair and maintenance of automotive and other mechanical equipment is eligible for first preference status where the work to be performed consists principally of operating, servicing, and maintaining complicated mechanized farm equipment used in connection with the production of dairy products which are part of the food supply of the United States. On the basis of the reasoning in that case we hold that the work to be performed by the beneficiary requires particular skill; that the beneficiary's experience qualifies him as a skilled mechanic; and that his services in connection with the manufacture and delivery of poultry and livestock feeds will be substantially beneficial to the national economy and welfare. It is concluded that the beneficiary possesses the specialized experience contemplated by section 203 (a) (1) (A) of the Immigration and Nationality Act.
Order: It is ordered that the appeal from the order of the district director denying the petition be sustained.