## Facts

- A design studio petitioned for H-1 classification for a beneficiary to work for two years as an industrial designer.
- The beneficiary held a Bachelor of Industrial Design (foreign degree) and a Master of Industrial Design from a U.S. institution.
- The regional service center director denied the petition, relying on prior administrative precedent concluding industrial designers were not “members of the professions.”
- The denial was certified to the Commissioner for review.

## Issues

1. Whether an industrial designer with a baccalaureate degree in industrial design (or a foreign equivalent) qualifies as a “member of the professions” under INA § 101(a)(32).
2. If so, whether the beneficiary is eligible for H-1 classification as a person of “distinguished merit and ability” under INA § 101(a)(15)(H)(i) when the proffered position requires such a professional.

## Decision

- The Commissioner withdrew the director’s denial and approved the H-1 petition.
- The Commissioner held that an industrial designer with a relevant U.S. baccalaureate degree (or evaluated foreign equivalent) is a “member of the professions” under INA § 101(a)(32).
- The Commissioner held that such a professional is eligible for H-1 classification as a person of “distinguished merit and ability” if the job offered requires that professional.
- The Commissioner overruled prior precedent to the extent it held industrial designers are not members of the professions.

## Legal Principles

- “Distinguished merit and ability” for H-1 purposes may be shown by either: (a) establishing the beneficiary is a professional within INA § 101(a)(32), or (b) showing prominence, renown, or preeminence in the field.
- An occupation may qualify as a “profession” under INA § 101(a)(32) when it ordinarily requires at least a baccalaureate degree (or equivalent) in a specific field of study.
- If the beneficiary qualifies as a professional under INA § 101(a)(32), the beneficiary may be classifiable as an H-1 alien of “distinguished merit and ability,” provided the proffered position requires a professional.
- Industrial design is treated as a professional occupation for these purposes when the beneficiary possesses a baccalaureate in industrial design (or evaluated foreign equivalent) and the position requires that professional-level preparation.

## Conclusion

The Commissioner approved the H-1 petition, holding that industrial designers with the requisite specialized baccalaureate (or equivalent) are “members of the professions” and thus may qualify as H-1 nonimmigrants of “distinguished merit and ability” when the job requires a professional, overruling contrary prior administrative precedent.


In re Michael Hertz Assocs., 19 I. & N. Dec. 558 (Comm'r 1988)