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· 7/1/1988

CARON INTERNATIONAL

Citations

  • 19 I. & N. Dec. 791

Syllabus

CARON INTERNATIONAL, INC., 19 I&N Dec. 791 (Comm. 1988) ID 3085 (PDF) (1) In order to establish a person has preeminence in business, a petitioner must demonstrate that the person has skills and recognition in business substantially above that ordinarily encountered. The fact that a beneficiary is well known for achievements in his or her field is an important aspect of preeminence. (2) Not every person who owns or manages a business or holds a high position in a business is considered preeminent. Success or outstanding performance in business alone is not the same as preeminence. (3) General managerial occupations such as those of vice-president are normally not considered to be professional endeavors requiring specific academic degrees. A manager is not considered to be a member of the professions unless he or she is qualified for, and intends to work in, a professional occupation requiring the attainment of such a degree. (4) Certain occupations may be in transition from nonprofessional to professional status. In such cases, employers may be able to establish a position is professional in nature by demonstrating that the higher standard of a specific baccalaureate-level degree has been consistently required for the more complex positions within their organizations. (5) Substantial academic course work in a professional field combined with professional experience and achievement may be considered equivalent to a bachelor's degree. While there are a number of colleges and universities in the United States which give credit towards a degree based on experience, none will grant a baccalaureate degree based on a person's experience alone. (6) The Immigration and Naturalization Service may, in its discretion, use as advisory opinions statements from universities, professional organizations, or other sources submitted in evidence as expert testimony. However, where an opinion is not in accord with other information or is in any way questionable, the Service is not requi

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