VP 3-27845
Decided by the Central Office July 6, 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 — Eligibility.
An individual exceptionally skilled at repair and maintenance of automotive and other mechanical equipment may be granted preferential 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 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, provided that sufficient domestic workers possessing the required specialized experience and skill are not available.
BEFORE THE CENTRAL OFFICE
Discussion: The beneficiary alien is a 28-year-old native of Poland, presently a British subject. It is alleged that the beneficiary alien possesses specialized experience in the operation and maintenance of farm machinery, and that his services are urgently needed by the petitioner in that capacity.
The petitioner is a New York corporation, operating a dairy farm of 263 acres. The petitioner stated that about 150 head of cattle are carried on the farm, producing about 100,000 pounds of milk monthly. The petitioner has advised that several units of expensive farm machinery are required in the operation of the farm. The petitioner desires the services of the alien beneficiary to operate and maintain such machinery. The district director at New York denied the petition on the ground that the beneficiary does not possess high education, technical training, specialized experience or exceptional ability of the type required by section 203 (a) (1) (A) of the Immigration and Nationality Act. With his appeal the petitioner submitted additional evidence in the form of a letter dated June 12, 1953, in which the following statement appears:
Although my petition is that Mr. J---- H---- be admitted to the United States in order to work on my farm, I had not thought of him as being farm labor in the sense in which that term is usually employed. I need him for the specialized and quite highly technical job of operating and maintaining the farm's mechanical equipment. The position might more accurately be described as that of a skilled mechanic or maintenance man; it is not at all that of a farm laborer. * * * He has the technical training and specialized experience for it. I cannot find a man in this country to fill the position. I need Mr. H----'s services urgently, * * *.
He has also presented the following documents to substantiate the claim of specialized experience of the beneficiary.
(1) Letter dated May 29, 1953, from Headquarters, London District, Horse Guards, Whitehall, London, England, stating that the beneficiary was considered a young man of exceptional ability, particularly with reference to anything of a mechanical nature.
(2) Copy of record of service with the Polish Military Forces under British command and Polish Resettlement Corps.
It is claimed that the beneficiary gained extensive specialized experience in the operation of various kinds of automotive and other mechanical equipment during such service. The evidence indicates that he is now able to operate various types of automotive equipment, and that he is an exceptionally skilled individual at repair and maintenance of such equipment.
The petitioner's reasonably urgent need for the services of the beneficiary is regarded as established by the record. The evidence shows that sufficient domestic workers possessing the required specialized experience and skill are not available.
Based on the information submitted it is concluded that the work to be done by the proposed beneficiary cannot be considered as that of the usual farm laborer. The usual farm laborer is considered as an unskilled laborer requiring no specialized experience or ability, while the work to be performed by the proposed beneficiary principally consists 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. The petitioner has stated that through observation of the beneficiary and his background he is convinced that he is competent to perform the desired services. Therefore, it is concluded that ( a) the beneficiary's services are urgently needed in the United States, ( b) because of his specialized experience and exceptional ability his entry will be substantially beneficial prospectively to the national welfare of the United States, (c) the petitioner has complied with the applicable statute and regulations.
Order: It is ordered that the appeal of R---- G---- F---- C---- from the order of the district director at New York, denying the petition for classification of J---- H---- 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 it is hereby sustained.
It is further ordered that the file relating to the indicated petition be returned to the district director at New York for appropriate action in accordance with the foregoing.