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In re Michael Hertz Associates

Board of Immigration Appeals

19 I. & N. Dec 558 (1988)

Facts

Michael Hertz Associates (MHA) (plaintiff) was a design studio specializing in special-purpose maps and designs for mass-transit facilities. MHA sought to employ the beneficiary as an industrial designer. The beneficiary received a bachelor’s degree in industrial design from an Israeli university and a master’s degree in industrial design from the Pratt Institute. The Department of Labor’s handbook stated that industrial-designer jobs required four or more years of college-level education. MHA also submitted letters from the executive director of the Industrial Designers Society of America and other highly respected industrial-design firms stating that a bachelor’s degree in industrial design was required for entry-level employment in the industry. MHA filed a nonimmigrant petition seeking to classify the beneficiary as a person of distinguished merit and ability coming to the United States to perform services of an exceptional nature requiring such merit and ability. The director of the Eastern Regional Service Center denied the petitioner based on precedent dating to 1969, in which it was determined that industrial designers did not require knowledge obtained through university study. The petition was certified to the commissioner for review.

Rule of Law

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Issue

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Holding and Reasoning

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