VP-9-I-33650
Decided by Regional Commissioner January 24, 1958 Approved by Assistant Commissioner
First preference quota status under Immigration and Nationality Act — Beautician and hair stylist.
Petition by a beauty parlor operator to accord first preference quota status under section 203 (a) (1) of the Immigration and Nationality Act to a 19-year-old girl who is to be employed as a hair stylist will not be granted where the record shows that the beneficiary does not possess exceptional ability and her prospective employment does not require the level of skill contemplated by the statute.
BEFORE THE REGIONAL COMMISSIONER
Discussion: This case is on appeal from the decision of the District Director, Chicago, Illinois, dated December 27, 1957, denying the application of A---- P----, doing business as Antonetta Beauty Salon, for the classification of M---- R---- B---- as a quota immigrant whose services are needed urgently in the United States.
Petitioner operates a beauty parlor and alleges that she has an Italo-American clientele. She derives a net annual income of about $7500 from such business. She desires to employ a beauty operator who is skilled as a hair stylist, particularly with reference to European type hair styles. The beneficiary is a 19-year-old single female, native and national of Italy and presently residing there. She alleges that she was employed in a beauty salon in Italy from January 1950 to late 1954 as an apprentice and from that time to late 1956 as a skilled beautician. She received a certificate in 1957 indicating that she is a specialist for hair and scalp treatment. In 1957 she was self-employed performing the same type of work.
First preference quota immigrant status is granted to those aliens 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. This does not mean that every alien whose services are needed in the United States is entitled to first preference in the quota. The legislative intent was to introduce a greater degree of selectivity into the quota system by allocating a certain portion of the quota numbers on the basis of the need for the services of the immigrant by virtue of their special skills and of the prospective benefits to the United States resulting from the use of such specialists in a position requiring skill (Senate Report No. 1137, 82d Congress, 2d Session, pages 16-17; House Report No. 1365, 82d Congress, 2d Session, pages 38-39). The law requires that the services to be performed in the United States be of a skilled nature and likewise that the prospective immigrant be able to perform such duties either because of his high education, technical training, specialized experience, or exceptional ability. Cf. Matter of I----, et al., VP 04-29926-7-8-9-30-31, Interim Decision No. 815 (C.O., 1956).
The duties of a beauty operator as set forth in the Dictionary of Occupational Titles, volume 1, issued by the United States Employment Service under occupational code 2-32.15, are set forth as follows:
BEAUTY OPERATOR (per. ser.) 2-32.15. beautician; beauty culturist; beauty operator, all around; beauty-parlor operator; cosmetician; cosmetologist. Renders any one or all of services usually available to patrons of a beauty parlor: Cuts hair according to patron's instructions or according to original style [BARBER]. Combs and waves patron's hair [HAIRDRESSER], occasionally suggesting or creating new and varied coiffures to meet individual needs [HAIR STYLIST]. Tints or dyes hair [HAIR DYER]. Gives hair and scalp treatments in accordance with standardized methods [SCALPTREATMENT OPERATOR]. Applies various lotions, creams, and packs to patron's face to clean or treat skin, remove wrinkles, and to apply cosmetics [FACIAL OPERATOR]. Cleans, shapes, and polishes patron's nails [MANICURIST]. In large establishments, may specialize in one phase of the work, such as shampooing or hair dyeing.
The duties of a hair stylist, bearing occupational code 2-32.13, are set forth as follows:
HAIR STYLIST (per. ser.) 2-32.13. beauty-shop stylist. Suggests coiffure most becoming to each individual patron: Studies patron's features, neckline, and head contour, observing texture, color, and quantity of hair. Determines most becoming hair style upon basis of these factors and customer's figure. Usually dresses hair [HAIRDRESSER]. May cut hair [BARBER].
In an analysis of training grades for selected occupations prepared by the United States Employment Service in 1943, it is stated that the training time for a hair stylist, occupational code 2-32.13 is from 6 to 12 months. A similar period of time is required to train a hair dyer and the training period for a facial operator is from 2 to 6 months.
The unavailability of a beauty operator in the United States to perform the duties required by the petitioner has been established. It has also been established that the beneficiary has had some technical training and specialized experience. It is evident, because of her age, that the number of years in which she has been skilled in her trade are rather limited. However, the question to be determined in this case is whether the work to be performed by the beneficiary is of such a skilled nature as to warrant her classification as a first preference quota immigrant. The petitioner claims that the beneficiary is needed because she is a hair stylist. However, it should be noted that the training period for a hair stylist is from 6 to 12 months. While it would be beneficial to the employer to have in her employ a person trained in Italy to perform the duties for the petitioner's clientele, this fact is not indicative that greater skill is required in performing the duties of a hair stylist. The record does not establish that the beneficiary is of exceptional ability nor that the work to be performed in the United States requires ability of that nature. Under the facts in this case it has not been established that the work to be performed in the United States is of the criteria demanded by the terms of the statute or that the beneficiary has such exceptional ability as to bring such skill as she has within the terms of the provision of law so as to warrant the grant of first preference quota status. The action of the district director in denying the petition was proper and his decision will be affirmed.
Order: It is ordered that the decision of the District Director, Chicago, denying the application of A---- P----, doing business as Antonetta Beauty Salon, for the classification of M---- R---- B---- as a quota immigrant under section 203 (a) (1) (A) of the Immigration and Nationality Act, be affirmed.