VP 9-I-33587
Decided by Regional Commissioner January 13, 1958 Approved by Assistant Commissioner
First preference quota status under Immigration and Nationality Act — Broommaker — Not urgently needed when unskilled workers in the United States can be quickly trained to render services.
(1) Petition by broom manufacturer to accord first preference quota status under section 203 (a) (1) of the Immigration and Nationality Act to a 22-year-old male, with 9 years' experience as a broommaker, including 3 years' apprenticeship, will be denied where the record shows that only 2 to 6 months are required to train unskilled workers in this country to achieve normal production as broommakers.
(2) There is no urgent need within the contemplation of section 203 (a) (1) to import aliens to render services here, if workers already in this country may be trained to perform such services within 2 to 6 months.
BEFORE THE REGIONAL COMMISSIONER
Discussion: The petitioner is engaged in the manufacture of brushes, brooms and janitor supplies in Chicago, Illinois. Net annual income is estimated at $18,000. Petitioner desires to import the beneficiary as a broommaker to operate broomcorn scrapers, stitchers, and tying machine to make brooms, and make minor adjustments to machinery. H---- D---- P----, partner in the P---- B---- S---- C----, states that at least 3 years' experience is required. He states that no qualified broommakers are available and has submitted a clearance from the United States Employment Service to that effect. The clearance shows that no union membership is required. Petitioner proposes to pay the beneficiary $2.25 an hour.
The beneficiary is a 22-year-old single male, native of Italy. The record contains a statement from B---- G---- that the beneficiary worked in a corn broom and brush factory in Italy from October 1948 to September 1951 as an apprentice after which he became a finished operator and that since that time he has been employed as a specialized worker and knows the functioning and maintenance of all of the machinery in the factory.
The District Director in Chicago denied the petition on the ground that the beneficiary's talents do not meet the qualifications for first preference quota classification, insofar as high education, technical training or exceptional ability is concerned and that his services as a semi-skilled worker would not benefit the general welfare of this country or the national economy.
The occupation of broommaker is listed in the Dictionary of Occupational Titles, volume I, prepared by the United States Department of Labor under code 5-13.751. The duties of the position are described as follows:
BROOMMAKER (broom) 5-13.751. winder. Forms brooms from sorted broomcorn (grass having a stiff panicle of fibrous branches) by wrapping broomcorn with wire around a handle in broom-winder machine: Places broomstick on handle in revolving horizontal barrel of machine, leaving an end protruding, to which he fastens broomstraws. Threads end of wrapping wire around hole in foot of handle and ties end about wire on other side of handle to prevent it from pulling loose. Presses pedal, rotating barrel and handle, thus wrapping wire around handle two or three times. Places rough-fibered corn (handle corn) in position on broom handle and again presses pedal to wrap wire around it. Pounds stems of rough-fibered corn (handle corn) with steel pounder to cause stems to lie close against handle as rotation of handle in barrel winds wire about stems binding them tightly to handle. Places more broomcorn on top of broom to make shoulder, thus giving broom broad, flat shape. Hooks leather band around body of broomcorn to hold it in place while building up remainder of broom. Combs coarse or short fibers from broom by pulling the broom through stemmer (device to comb out broomcorn and which is attached to broom-winder machine). Uses trimming knife to remove excess fiber ends. Hammers staple over wire to fasten it to handle. Slips metal band over broomstick holding fibers to broomstick. Weighs brooms on scales to check weight.
This occupation is classified as skilled. However, the United States Employment Service List of Training Grades and Selected Occupations shows that a period of from 2 months to 6 months is required to train physically and mentally suited but untrained workers to reach normal production under normal circumstances in this occupation.
From the information referred to in the two paragraphs immediately preceding, it appears that even though it should be conceded that the petitioner is unable to obtain in the United States help which is fully qualified, it is not unreasonable to expect him to devote from 2 to 6 months to train an employee.
Section 203 (a) (1) (A) of the Immigration and Nationality Act provides that immigrant visas to quota immigrants shall be allotted in each fiscal year as follows:
(1) The first 50 per centum of the quota of each quota area for such year, plus any portion of such quota not required for the issuance of immigrant visas to the classes specified in paragraphs (2) and (3), shall be made available for the issuance of immigrant visas (A) to qualified quota immigrants whose services are determined by the Attorney General to be needed urgently in the United States because of the high education, technical training, specialized experience, or exceptional ability of such immigrants and to be substantially beneficial prospectively to the national economy, cultural interests, or welfare of the United States.
In our opinion this statute does not contemplate first preference quota classification for aliens to come to the United States to accept employment for which workers already in this country may be trained in from 2 to 6 months. It is also our opinion that the record does not establish that because of high education, technical training or exceptional ability the beneficiary's service would be substantially beneficial to the national economy, cultural interest or welfare of the United States. Accordingly, the petition was properly denied and the appeal will be dismissed.
Order: It is ordered that the appeal be and the same is hereby dismissed.