IN THE MATTER OF R----, 7 IN Dec. 206 (R.C. 1956)
MATTER OF R----. In VISA PETITION Proceedings.
VP 04-29659-60 VP 04-29883Board of Immigration AppealsExecutive Office for Immigration ReviewU.S. Department of Justice
Decided by Regional Commissioner May 8, 1956
Preference quota status — Section 203 (a) (1) (A), Immigration and Nationality Act — Tailor (garment) II not eligible.
Tailors who are to be employed in the United States on work described in the Dictionary of Occupational Titles under the title "TAILOR (garment; ret. tr.) II" do not meet the test of being persons of high education, technical training, specialized experience or exceptional ability whose services are needed urgently in the United States as contemplated by section 203 (a) (1) (A) of the Immigration and Nationality Act.
BEFORE THE REGIONAL COMMISSIONER
BEFORE THE REGIONAL COMMISSIONER
Discussion: This is an appeal from the denial by the District Director at Philadelphia of three visa petitions claiming that the alien beneficiaries are qualified as quota immigrants under section 203 (a) (1) (A) of the Immigration and Nationality Act because their services are needed urgently in the United States.
The petitioner is the individual proprietor of an establishment which manufactures men's clothing who desires to engage the beneficiaries as tailors to perform hand operations in making sack coats, such as basting shoulders, top collars, under collars, armholes, making buttonholes, setting sleeves and basting coats. He states in his request for clearance of the Pennsylvania State Employment Service that he desires the prospective immigrants to be employed for forty hours a week, five days a week, at $1.25 an hour. The clearance order which has been obtained and is of record indicates that the occupational title is for a Tailor (garment) II. Reference to the Dictionaryof Occupational Titles (vol. I, 2d ed., p. 1342) indicates the following in connection with this occupation:
TAILOR (garment; ret. tr.) II. 4-26.201. shop tailor. Performs one or more specialized hand-sewing or machine-sewing operations in the manufacture of ready-to-wear clothing: Fits the collar facing to the under collar, keeping allPage 207
edges even, and sews facing and under collar together with a sewing machine. Bastes collar to coat and stitches them together permanently with a machine. Stitches shoulder padding, coat facing, and lining together at the armhole, by hand. Bastes and sews canvas in various coat parts, such as under collar, shoulder, and front edge, by hand or machine. Bastes shoulder padding in place. May set sleeves and yokes.
Also contained in the same volume is a description of the occupation of Tailor (garment) I which states the following:
TAILOR (garment; ret. tr.) I. 4-26.101. journeyman tailor; made-to-measure tailor. Makes tailored garments, such as suits, topcoats, overcoats, and dress clothes, completely, or performs the more difficult hand and machine-sewing tasks in their construction. Supervises other workers who perform such tasks as may be delegated to them. Measures customer for size and records measurements for use in preparing patterns and making garments. Designs garments or copies design from fashion plates. Makes individual pattern to customer's measurements. Marks out lines on material and cuts material to pattern. Assembles garment parts by hand-sewing, padding coat front, lapels, and collars to give them shape, and basting the garment parts together. Fits the basted garment on customer and marks sections requiring alterations. Sews garment parts together on sewing machine and finishes garment. May press garment.
From a reading of the above descriptions, it appears that the work of a tailor Grade II is less responsible than that of a tailor Grade I. In addition, the duties of a tailor Grade I include supervision of other workers, taking measurements, and designing garments, which are not part of the job of tailor Grade II.
The district director has denied the petitions for the reason that the duties of the job do not require the specialized experience contemplated by section 203 (a) (1) (A) of the Immigration and Nationality Act. Counsel on brief and in oral argument maintains that regardless of the occupation, whether tailor Grade I or tailor Grade II, specialized experience of the caliber encompassed within the aforementioned section is necessary. He submits two affidavits, one by the petitioner and one by P---- B----, Chief Designer for Joseph R. Cohen Sons, Inc., of Philadelphia, manufacturers of men's clothing, both of which aver as to the skill required of a tailor Grade II. Counsel maintains that the present beneficiaries are custom hand tailors who can apply their skill to the mass production of the ready-to-wear industry instead of to the made-to-measure custom tailor trade and, since in both instances the job requires a specialist, both types of occupations should qualify for first preference treatment.
The occupation descriptions of tailor, Grade I and Grade II, respectively, show that Grade I applies to tailors who make made-to-measure garments, while Grade II applies to tailors engaged in the manufacture of ready-to-wear garments. Clearly, superior qualifications are required for a tailor Grade I than for a tailor Grade II. Even so, a tailor Grade I is only designated as a journeyman tailor.Page 208
The beneficiaries in the present application are sought to be imported for employment as tailors Grade II. The qualifications for such work are not consonant with the "high education, technical training, specialized experience, or exceptional ability" contemplated by section 203 (a) (1) of the Immigration and Nationality Act relating to first preference immigrants. Moreover, the further requirement of this section of the law that immigrants of these high qualifications be "needed urgently" is not met. It was not the intention of Congress to authorize first preference status for all aliens who have acquired some measure of skill in the crafts, but, on the contrary, it was intended that first preference be reserved for aliens "needed urgently in the United States because of the high education, technical training, specialized experience, or exceptional ability of such immigrants." These qualifications have not been established in the present case and the appeal will, therefore, be dismissed.
Order: It is ordered that the appeal be dismissed.Page 209