VP 04-19728
Decided by Regional Commissioner December 8, 1955
Preference quota status — Section 203 (a) (1) (A), Immigration and Nationality Act — Specialized experience — Cabinetmaker.
(1) Specialized experience under section 203 (a) (1) of the act means much more than the ability to perform rudimentary tasks in an occupation that requires no skill or, at best, is only semi-skilled. It can be acquired only by long and diligent work in an all-around capacity in a skilled occupation.
(2) Specialized experience within the meaning of section 203 (a) (1) (A) of the act is established where the beneficiary began the trade of carpenter-ebonist in March 1948; served as apprentice until July 1950; worked as a cabinetmaker-ebonist on a full-time basis since August 1950; has been qualified for making household and office furniture and etching on eboney and wood since July 1954; and is to be employed in the United States by a building contractor as a skilled cabinetmaker for fine cabinetwork on interiors and exteriors for private homes and industrial establishments.
APPLICATION:
Petition for the first preference classification of quota immigrant for alien whose services are needed urgently in the United States.
BEFORE THE REGIONAL COMMISSIONER
Discussion: The petition in this case was denied by the District Director at Philadelphia, Pennsylvania, on June 2, 1955, and no appeal was taken from the denial. The petitioner requested reconsideration of the petition and a formal order was entered by the district director on November 8, 1955, affirming the denial of the petition, from which the petitioner has appealed to this office.
The order of June 2, 1955, denying the petition recites that the evidence has not established the beneficiary to be a cabinetmaker, and has established merely that he has been employed as a carpenter. The petition recited the proposed employment of the beneficiary by the petitioner, who is a building contractor, to be for "Fine cabinetwork on interiors and exteriors for private homes and industrial establishments." The job summary on the clearance order of the Bureau of Employment, submitted with the petition, recites, "Will work in woodshop of general contractor, layout, cut, assemble finish cabinets built-in furniture for large private homes, special show cases cabinets for industrial or retail business establishments. At times will have to carve with hand tools various designs in the wood depending on customer's requirements." This clearance order recites the required qualifications as, "4 to 6 years experience in woodworking, making furniture of Italian design, including carvings. Must have served apprenticeship in cabinetmaking, using all hand tools. Good health."
The record shows that the beneficiary, S---- D---- S----, was born at L'Aquila, Italy, on October 19, 1933, and that he graduated from high school at the place of his residence in the "fall session of the scholastic year 1949-1950." He is employed in the cabinetmaking shop of G---- P---- who followed his father as an instructor in cabinet and furniture making at the Technical Industrial Institute of L'Aquila, and is now operating his own cabinetmaking shop where is done the work of manufacturing home and office furniture, etching and carving of "ebony and wood," and other work "of any kind." The petitioner first submitted with his petition an affidavit of G---- P----which is not in the record but is represented by a purported English translation thereof which recites that the beneficiary is employed by the affiant; that he is a first-class carpenter and a very good worker, both morally and technically; that he knows his work since childhood; and that he has been employed by the affiant for more than six years. This affidavit was considered by the district director in establishing the beneficiary's alleged qualifications as a cabinetmaker, and three subsequent affidavits by the employer, G---- P----, were submitted, dated July 4, 1955, September 12, 1955, and September 13, 1955, respectively, and considered.
The employer's affidavit of July 4, 1955, recites that the beneficiary is employed by him as a first-class cabinetmaker and is capable of doing all the work required of him. It recites further that the beneficiary was hired in March 1948 as an apprentice, working part time during the school semester and full time during the summer, and that he completed his schooling in 1950 and has since been employed full time by the affiant, doing at first simple wood carving by hand, and then, as his skill increased, doing the carving of animal heads, reproductions of antique work, medallions, etc.
The employer's affidavit of September 12, 1955, recites that it is made because the beneficiary had pointed out that the July affidavit was incomplete and, therefore, inadequate, for which reason the affiant recites that he feels it is his duty to stress that the beneficiary has been employed by him since the beneficiary was a young boy; that he was artistically inclined; and that the affiant, being a former instructor in the local industrial school, taught the beneficiary furniture making and ebony and wood etching. The affidavit recites further that the beneficiary has been paid as a skilled artisan in furniture making and ebony etching since July 1954. This affidavit contains another recital that the beneficiary was dissatisfied with the second affidavit and was asking for a third one, which the affiant was issuing to him.
This third affidavit by the affiant, dated September 13, 1955, recites that the beneficiary began the trade of carpenter-ebonist in March 1948, as an apprentice, working in the hours from 3 p.m. to 8 p.m. until July 1950; that in August 1950, he was hired as a cabinetmaker-ebonist on a full-time basis and that he began at that time to do his first etching work; that from August 1950, to June 1954, he was assigned to cabinetmaking and ebonist work, simple at first and then more elaborate, being employed mainly as a cabinetmaker and ebonist but occasionally for etching a carving; and that in July 1954, he became qualified for making household and office furniture and etching on both ebony and wood.
The evidence establishes that the beneficiary is a skilled cabinetmaker and that the work that he will perform is also of that nature. He has acquired the skill through technical training and through years of experience in the work that warrants a conclusion that he possesses specialized experience within the meaning of section 203 (a) (1) (A).
It is recognized that employment over a period of years in almost any field of human endeavor will vest in an individual some kind of experience, but the specialized experience necessary to qualify under the statute is experience acquired in a skilled, not an unskilled, occupation. It must also be comprehensive, showing that the beneficiary possesses a well-rounded ability to perform the various tasks that serve to establish the occupation as a skilled one. For example, an individual might acquire experience in rudimentary tasks involved in cabinetmaking that require no skill or, at most, are only semiskilled. Experience of this kind would not be specialized experience that would qualify him for a first preference quota status. Ability to perform rudimentary tasks of that nature is readily acquired and persons in the United States could be quickly trained to meet any need that might arise. But the experience that the beneficiary possesses and that the petitioner needs if the duties of the position offered are to be fulfilled, is not on that level. It can be acquired only by long and diligent work in an all-around capacity in the cabinetmaking business.
In view of the foregoing, it is concluded that the appeal should be sustained.
Order: It is ordered that the petitioner's appeal from the order of the District Director at Philadelphia, Pennsylvania, denying the petition for classification as a first preference quota immigrant be sustained and that the petition be and it hereby is approved.