VP 3-35717
Decided by the Central Office November 18, 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 — Shearing and care of ornamental trees.
The shearing of lindens and other trees requires specialized experience; there are very few gardeners trained in the United States in methods used on European estates in maintaining trees pruned to various forms; and the maintenance of the trees in a vigorous, healthy condition under this shearing practice cannot be done satisfactorily by an ordinary gardener. Therefore, a petition, in behalf of an individual who has been employed in such work abroad for several years, is granted, since the beneficiary's services are shown to be needed urgently in the United States; the work he will perform requires specialized experience; and his services will be substantially beneficial prospectively to the cultural interests of the United States.
BEFORE THE CENTRAL OFFICE
Discussion: The beneficiary is a 33-year-old married male, a native and resident of Italy. The petitioner proposes to employ him on the former's estate in the shearing and care of ornamental trees and shrubs, with secondary duties in the way of ordinary estate work outdoors, such as cultivating flowers and mowing lawns. The petition was denied on the ground that the beneficiary does not possess the high education, technical training, specialized experience or exceptional ability required by section 203 (a) (1) of the Immigration and Nationality Act, and the case is now before the central office on appeal.
The Department of Labor has certified that domestic workers are not available. The petitioner has also stated that no one is available to perform the work and that for 12 years he has been seeking a man competent to care for the various trees on his estate. He further states that, although he employs a superintendent and several assistants, these have neither the training nor the inclination to perform the necessary services; that the beneficiary's services are especially desired for the expert care of sheared lindens and sheared beeches; and that the calling requires trained observation of the health and growth of the tree, patient interest in their culture, and skill in avoiding injury to the trees, as well as in giving them the best opportunity for growth. The petitioner made a visit to Italy to observe the beneficiary's work and otherwise to investigate his qualifications and concluded that he was uniquely competent and qualified for the services desired.
The petition is supported by an affidavit executed by one of the beneficiary's employers abroad who states that she employed him for several years in the work which it is anticipated he will perform in the United States; that she considers him clearly competent and proficient in that work; and that in her opinion it requires from 5 to 10 years for an individual to acquire this ability to maintain formal gardens.
To assist in determining whether the proposed beneficiary meets the requirements of section 203 (a) (1), the Bureau of Plant Industry, Soils, and Agricultural Engineering, Agricultural Research Service, Department of Agriculture, Beltsville, Md., was asked to express an opinion with regard to whether the work to be performed by the beneficiary is such as to require technical training, specialized experience, or exceptional ability, or whether it is the work of an ordinary gardener that can be performed without any special training or ability. That bureau has stated that the shearing of lindens and other trees requires specialized experience; that there are very few gardeners trained in the United States in methods used on European estates in maintaining trees pruned to various forms; and that the maintenance of the trees in a vigorous, healthy condition under this shearing practice cannot be done satisfactorily by an ordinary gardener.
Upon the basis of the foregoing, it is concluded that favorable action is warranted on the petition. The beneficiary's services are shown to be urgently needed in the United States; the work that he will perform requires specialized experience; and his services will be substantially beneficial prospectively to the cultural interests of the United States.
Order: It is ordered that the appeal of J---- E---- F---- from the order of the district director of this Service at New York, denying the petition for classification of E---- B---- as a quota immigrant whose services are urgently needed in the United States within the contemplation of section 203 (a) (1) of the Immigration and Nationality Act, be and it is hereby sustained.
It is further ordered that the petition and related file be returned to the district director of this Service at New York for appropriate action in accordance with the foregoing.