VP 4-I-21088
Decided by Regional Commissioner May 17, 1955
Preference quota status — Section 203 (a) (1) (A), Immigration and Nationality Act — Skilled linguist eligible as teacher of French even though previous teaching experience lacking.
A skilled linguist who has been offered employment in the United States as a French teacher at a girls' boarding school to instruct pupils ranging from 10 to 14 years in age is eligible for first preference status under section 203 (a) (1) of the Immigration and Nationality Act. Notwithstanding her lack of prior teaching experience, she is deemed qualified under the statute in view of her educational level and her exceptional ability as a linguist, plus the fact that the school officials are in the best position to determine the potentialities and capabilities of their teaching staff.
BEFORE THE REGIONAL COMMISSIONER
Discussion: The petitioner, the G---- F---- S----, Garrison, Maryland, a non-profit corporation, is a girls' boarding school with a teaching faculty of 25 members. The beneficiary alien, L---- J---- D----, is an 18-year-old native and citizen of Switzerland. The petition for classification of the beneficiary 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 was denied by the District Director at Philadelphia, Pennsylvania, on April 14, 1955, on the ground that there was no evidence establishing that the beneficiary is a qualified teacher and able to teach French to American children. The petition is now before this office on appeal from that decision.
The evidence establishes that the position on the teaching staff of the G---- F---- S----, which is proposed to be filled by Miss D----, is one requiring the teaching of French to pupils ranging in age from 10 to 14 years, in classes V, VI, VII, and VIII, aggregating 25 teaching periods of 40 minutes each per week. The incumbent of the position has also certain extracurricular duties, including chaperonage and the supervision of study hall periods.
Miss D----'s qualifications for this teaching position do not include any previous experience as a teacher. However, she has been recommended to the school as qualified to fill the position by a former teacher in the French department of the school who retired in 1953 after teaching for 5 years the same classes that Miss D---- would be required to teach. This former teacher is now living in Geneva, Switzerland, where Miss D---- was born and educated, and her recommendation of Miss D---- is based upon a close acquaintance with her and with the needs of the school. Miss D---- is described as having completed her college course, to be of exceptional ability and high education, and an excellent linguist. She is said to speak English and German fluently, as well as her native language French. It is also asserted that she can speak and read Spanish and that she will study at the University of Madrid this summer to perfect her accent in that language. The documents submitted in support of the petition show that Miss D---- made excellent marks in primary school, the last year of which was 1949-50, that she also made very good marks in secondary school, the last year of which was 1951-52. Thereafter, she attended the Rochat-Burdin et Benedict School at Geneva, Switzerland, and received three diplomas from this school, the first on June 24, 1953, in commercial subjects (shorthand, typing, bookkeeping, etc.), the second on June 25, 1954, in the French language and French literature, and the third on March 1, 1955, in English, German, Spanish, Italian, and commercial law. She also received from this school certificates in algebra, physics, philosophy, and geometry. The abstract of record from this school describes Miss D---- as having been an "excellent student, regular, hard worker, intelligent, conscientious and serious. She has particular gifts for languages. We warmly recommend her." As previously indicated, Miss D---- intends to continue her studies in Spanish at the University of Madrid during the coming summer. The petitioner, the G---- F---- S----, has offered and Miss D---- has accepted the position of French teacher in the lower school of the G---- F---- S---- at Garrison, Maryland, to commence in the fall of the present year.
While Miss D---- has no previous experience as a teacher, it is considered that the evidence establishes high education and exceptional ability as a linguist. She is sought to be imported and employed as a teacher of French, which is her native language and which she has studied specially, with a diploma as evidence of her qualifications in this language. She has been under the observation of a former teacher of French at the petitioning school and is recommended by this former teacher, who is in a peculiarly advantageous position to know both the requirements of the school and the qualifications of the beneficiary as being well equipped to teach French. On the basis of this recommendation and their inquiry, the petitioning school is satisfied that Miss D---- would be an excellent teacher. They point out that teaching experience is not controlling since other successful teachers on their staff have been employed immediately after graduation from college, like Miss D----, and have demonstrated their ability to teach.
The potentiality of the beneficiary as a teacher of French in the absence of any previous experience as a teacher, is beyond the knowledge of the average lay person. Only a person experienced in the selection and employment of teachers is qualified to judge her qualifications. The school officials are considered to be fully qualified in this respect, and they are anxious to obtain the services of Miss D---- as a teacher. In this connection, see Matter of T---- C---- F---- F---- C----, VP 16-1795, 5, I N. Dec. 454 (1953).
The record is considered to establish that the beneficiary alien possesses high education and exceptional ability within the meaning of section 203 (a) (1) (A) of the Immigration and Nationality Act. The need for teachers is urgent. Accordingly, the appeal will be sustained.
Order: It is ordered that the appeal of the G---- F---- S---- from the order of the District Director at Philadelphia denying the petition for classification of L---- J---- D---- 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 the same hereby is sustained.