Narcisa Taguding Orcales v. District Director of the United States Immigration and Naturalization Service

Appellant seeks a visa as “Third Preference” immigrant and has taken this appeal from judgment of the District Court affirming the determination of the Regional Commissioner that she was ineligible for the preference.

At the outset we reject the contention of the appellee that the appeal was prematurely taken and proceed to consideration of the merits.

Against the worldwide quota of immigrants certain priorities have been assigned by law. The “Third Preference,” established by § 203(a) (3) of the Immigration and Nationality Act, 8 U.S.C. § 1153 (a) (3), is made available to “qualified immigrants who are members of the professions, or who because of their exceptional ability in the sciences or the arts will substantially benefit prospectively the national economy, cultural interests, or welfare of the United States.”

This preferred status is obtained through a visa petition presented to the Attorney General. In considering the petition the Immigration and Naturalization Service may secure from other governmental agencies, including the Department of Labor, an evaluation of the applicant’s background and claimed exceptional ability and his qualification to be recognized as a…