VP 3-18563
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 — Hand reweaver — Small businesses.
(1) An individual who has been employed for 8 years in the reweaving section of a woolen mill in Italy and who is characterized by her employer as one of the "best reweavers in the most difficult work" required by the mill is regarded as possessing the specialized experience contemplated by section 203 (a) (1) (A) of the Immigration and Nationality Act.
(2) The success of small businesses is regarded as being in the national interest, and the importation of skilled workers for employment in such enterprises as the garment reweaving business which constitutes but a small segment of the business of the United States is considered to be substantially beneficial prospectively to the national economy.
PROCEEDINGS UNDER SECTION 204 (B) OF THE IMMIGRATION AND NATIONALITY ACT
BEFORE THE CENTRAL OFFICE
Discussion: The petitioner conducts a business of hand reweaving of damaged garments, at 311 Audubon Avenue, New York City. Petitioner desires the services of the beneficiary alien as a hand weaver, skilled in reweaving garments of various fabrics, which requires specialized experience and skill in the reweaving craft. The proposed employment is of a permanent nature.
The beneficiary alien is a 23-year-old native and citizen of Italy. The evidence of record shows that she was employed by Gaetano Marzotto Figli, Valdagno, Italy, in their woolen mill, reweaving section, from 1945 to 1953. The certificate evidencing such employment sets forth that the beneficiary alien's ability is above the average, and that she proved to be one of the "best reweavers in the most difficult work required by the Marzotto's factory."
The petitioner's reasonably urgent need of the services of the beneficiary alien, and the fact that qualified persons to fill the employment needs of the petitioner are not now available in the United States are regarded as established by the evidence of record. It is stressed by the petitioner and his attorney that unless the petitioner is enabled to employ skilled hand weavers for the operation of his business, it is likely that he would be obliged to discontinue his small business enterprise.
The garment reweaving business constitutes a small segment of the business of the United States. However, the success of small legitimate business may be regarded as being in the national interest. It is contemplated that the beneficiary alien will be employed in a position in the reweaving industry, requiring specialized experience and skill.
Upon consideration of the foregoing, it is concluded that:
(1) The beneficiary alien possesses specialized experience with reference to the requirements of her contemplated employment in the United States.
(2) The petitioner has established reasonably urgent need for the services of the beneficiary alien.
(3) Qualified persons possessing the required specialized experience are not presently available to the petitioner in the United States.
(4) Because of the beneficiary alien's specialized experience, her entry into the United States for permanent residence will be substantially beneficial prospectively to the welfare of the United States.
(5) The petitioner has complied with the applicable statutes and regulations.Order: It is ordered that the appeal of H---- R---- S----, J---- W----, proprietor, from the indicated order of the district director of this Service at New York, N.Y., denying the petition for classification of V---- P---- 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 sustained.
It is further ordered that the petition and related file in this case be returned to the district director of this Service at New York, N.Y., for appropriate action in accordance with the foregoing.