CANTEC REPRESENTATIVES

Citations

• 19 I. & N. Dec. 241

Syllabus

CANTEC REPRESENTATIVES, INC., 19 I&N Dec. 241 (Comm. 1984) ID 2988 (PDF) (1) An incumbent in a Schedule A, Group IV position does not have to meet the exact minimum job qualifications specified by the employer in the application for a blanket labor certification submitted to obtain third-preference visa status because an employer may stipulate a minimum educational qualification for such a position which it regards as equivalent to an incumbent's experience or occupational training. (2) However, the minimum job qualifications are relevant to consideration of the visa petition because they will establish whether or not the position falls within the definition of a \profession\ for the purpose of section 203(a)(3) of the Immigration and Nationality Act, 8 U.S.C. § 1153(a)(3) (1982). (3) Similarly, despite the fact that the incumbent need not meet the express minimum job qualifications, it must be established that the incumbent is classifiable as a professional forpurposes of section 203(a)(3) of the Act.