sonnel remaining in Casablanca from a medical and surgical standpoint and is authorized here with to enter Cazes Air Base at any time.

The above order was signed by Curtis F. Culp, Major, MC, Base Surgeon and by Thomas B. Nordan, Captain, Air Corps, Adjutant.

The applicant further stated that from 1947 to 1950 he was employed as an examining physician by the United States consulate in Morocco; that he was so employed for the reason that he was well known to the consulate staff by reason of his previous employment as a consular physician in Morocco from 1932 to 1943 and as a civilian medical volunteer attached to United States Army Headquarters, Western Task Forces during the years 1939 to 1942 when the United States armed forces invaded Casablanca during which time he did special highly important work for the United States Government at such risk to his own life that he was placed on a list of protected personnel compiled by the United States consulate since he would have had no protection in the event of capture by the enemy. He stated that each alien he examined paid his fee.

In support of the applicant's employment by the American consulate, Casablanca, Morocco, the applicant submitted a certificate dated May 17, 1950, signed by Walter S. Blair, vice consul of the United States of America, stating that:

I, Walter S. Blair, vice consul of the United States, hereby certify that Dr. A—— R— has been in the employ of the consulate general as medical examining officer for the visa section from January 1947 to date. Dr. R-also treated members of the consulate general's staff during this period.

Dr. R―'s services had been highly satisfactory. This certificate is issued in connection with Dr. R's return to the United States.

The applicant further stated that from 1947 to 1950 he was employed as a surgeon by the American Export Lines, an American company. In support of such employment the applicant submitted a letter dated May 20, 1950, on the letterhead of the American Export Lines, Inc., signed by Marcos J. Toledano, agent, certifying that:

-

A- G—— R—, M. D., was employed by American Export Lines, Casablanca Agency, as surgeon, from October 1947 to this date. In this capacity he treated the crew on board American Export Lines vessels, attended sick sailors on shore and in the hospitals, and examined passengers proceeding to the United States.

Dr. R's services were highly successful and we regret his departure.

The applicant further stated that he was employed in Casablanca as an examining and consulting physician from about October 1946 to 1950 by the Socony-Vacuum Oil Co., an American company. In support of this employment the applicant submitted a letter dated October 3, 1947, on the letterhead of the Socony-Vacuum Oil Co. Inc., signed by its general manager at Casablanca, certifying that:

Dr. A—— R— is recognized by Socony-Vacuum Oil Co., Inc., Casablanca, Morocco, as a physician authorized to grant a certificate of medical condition for-and to give treatment to the company's employees--American, European, and native.

Dr. R

October 1946.

has been active in this capacity on behalf of the company since

The applicant's continued employment with the Boston Medical Supply Co. notwithstanding his other employment as set forth herein is established by an affidavit by Leo Appleby, treasurer of that company, executed June 27, 1950, stating that Dr. A— R— acted as their sales representative in French Morocco from July 1946 to January 1950, inclusive.

The record establishes that although each individual employment required only a portion of the applicant's time, his entire time was utilized as an employee of the several employers enumerated herein.

The applicant's employments referred to herein are further verified by the fact that while abroad he submitted applications for extensions of his reentry permit on six occasions (April 11, 1947, October 17, 1947, April 5, 1948, October 7, 1948, and October 13, 1949), in which his stated reasons for requesting such extensions were that he might continue his employment as a physician with the United States Army Air Transport Command, American consulate, American Export Line, and the Socony-Vacuum Oil Co., all in Casablanca.

On October 17, 1947, the applicant appeared at the office of the consulate general of the United States of America, Casablanca, and there executed an application for the benefits of section 307 (b) of the Nationality Act of 1940 (Form 2363). This application was sworn to by the applicant before the vice consul. In support of this application the applicant submitted the order of Colonel Birchard dated March 6, 1947, previously referred to herein, claiming that his continued residence abroad was on behalf of the United States Government and would continue for an indefinite period. The applicant stated that the consulate did not inform him that this application was to be forwarded to this Service, but merely told him that he had done all that was necessary to protect his rights under the Nationality Act of 1940. This application was not delivered to this Service until after the applicant's return to the United States. The applicant states that he did not. forward this application immediately following its execution for the reason that no mention was made of it at the consulate and since he had never heard from this Service concerning his original application of May 22, 1946, he was fearful that this second application might go astray if he tried to forward it from Casablanca.

A third application for the benefits of section 307 (b) of the Nationality Act of 1940 (Form N-470) was executed by the applicant on June 27, 1950, and filed with this Service on that date. This ap

plication sought to cover the applicant's absence for naturalization purposes for the period from July 1946 to May 30, 1950, and alleged that the applicant's absence from the United States for such period was on behalf of the United States Government and on behalf of American firms engaged in the development of foreign trade and commerce. In support of this application the applicant submitted the certifications from the American consulate general, the United States Army Air Transport Command, the American Export Lines, the Socony-Vacuum Oil Co., and the Boston Medical Supply Co. previously referred to herein.

The applicant contends that had he ever been informed or of the belief that he was jeopardizing his chance to apply for United States citizenship by reason of his absence from the United States he would never have remained abroad; that he was lulled into a sense of security that he qualified for the benefits of section 307 (b) when the data that he presented to the American consulate was there accepted as qualifying him for those benefits and no objections were raised as to his status as an employee of the Boston Medical Supply Co.; that his employment with the several organizations previously mentioned herein was useful and necessary in behalf of the United States Government and organizations connected with the development of general trade of this country; that he felt it was his duty to remain in Morocco as there were no American doctors present; that only the useful and urgent need of his work abroad kept him from returning to the United States earlier; that his return to this country in 1950 was made possible by the fact that two American doctors came to Casablanca; one at the end of 1949, the other in 1950, thus relieving him from his obligation to remain.

The applicant further stated that upon his return to the United States he resumed his employment as a medical officer at the Soldiers' Home and Hospital, Chelsea, Mass., in which institution he had been a medical officer prior to his departure from the United States in 1946; that his work there is devoted exclusively to the care and treatment of the American veterans of World Wars I and II; that his license to practice medicine was granted conditionally and required his acquiring United States nationality not later than July 1953; that if such nationality is not then acquired his license to practice medicine will be revoked; and that if his application for the benefits of 307 (b) is not granted, it will be necessary for him to obtain a new declaration of intention and he could not thereafter become a citizen of this country until a date too late to protect his conditional license.

Re: Application Executed May 22, 1946

The application executed and filed with this Service in May 1946 was proper in all respects and the affidavits submitted in support thereof

adequately established that the applicant's absence from the United States was to be as an employee of an American firm for the purpose of engaging in the development of its foreign trade and commerce. The fact that the applicant's remuneration was based upon a commission rather than a fixed wage does not by itself preclude the relationship of employer and employee. Matter of K, A-6231138 (September 8, 1949); Matter of S-, A-6194840 (August 8, 1949); Matter of K————, A-7613410 (May 11, 1949). The facts presented are clearly distinguishable from Matter of D- -, A-6854090 (December 14, 1949) in which the alien was to look solely to his customers for his income and not to the firm whose merchandise he was selling. The instant case is likewise clearly distinguishable from Matter of CA-7068510 (January 11, 1950), in which the alien purchased merchandise from the American firm which he in turn resold to others his remuneration being the difference between the price he paid for the merchandise and the price for which he resold it. The fact that this Service by letter dated July 9, 1946, requested additional information establishing that the applicant's employment was his principal reason for departing from the United States, which additional information was not submitted until after the applicant's return to this country in 1950 due to the fact that such letter was never received by him, does not warrant a denial of that application. Matter of R————, A-6301314 (July 31, 1950). As the application for the benefits of section 307 (b) with the necessary supporting evidence was submitted within the time required by the regulations, it may be approved for a period from July 1946 to an indefinite date thereafter notwithstanding that the original period requested was only for one year.

The approval of the application dated May 22, 1946, confers the benefits of 307 (b) upon the applicant only so long as his employment with the Boston Medical Supply Co. constituted the principal reason for his continued absence from the United States. From all of the evidence of record it appears that his employment with the Boston Medical Supply Co. ceased being his principal reason for remaining abroad on or about March 1947 at which time by reason of certain regulations of the French Government the applicant could no longer perform the duties for which he had been sent to Morocco. Since his residence abroad was protected up until March 1947 by the approval of his application executed May 22, 1946, it was necessary for the applicant to either return to the United States within a year of March 1947 or within that period apply for and receive the benefits of section 307 (b) upon a showing that he was then entitled to those benefits.

Re: Application Executed October 17, 1947

As noted herein the applicant executed an application for the benefits of section 307 (b) on October 17, 1947, before a consular officer of

the United States at Casablanca. This date was within the year during which such application was required to be submitted. This application was predicated upon the alien's employment by the United States Army Air Transport Command and the Socony-Vacuum Oil Co. In addition to such employment it has been established that on that date the applicant was also employed by the United States consulate general as a medical examining officer and by the American Export Lines, Inc.

With reference to the applicant's employment with the Air Transport Command and the United States consulate, it is noted that the applicant was not a member of the Armed Forces, military or civilian, and not a civil-service employee of this Government. Nevertheless, his duties warrant the conclusion that he was employed by or under contract with the Government of the United States within the meaning of section 307 (b) of the Nationality Act of 1940. Matter of C—, A-2941434 (1949), where a civilian guard at a post exchange who was neither within the civil service nor in the employ of the United States Army and whose wages were met solely from exchange profits, was held to be "in the employ of or under contract with the Government of the United States"; Matter of 0-, 2270-D-460267 O (1944), where a USO entertainer who was not a civil-service employee or a member of the Armed Forces was held to be "in the employ of or under contract with the Government of the United States."

Concerning the fact that in connection with his employment with the consulate the alien applicants for immigration who were examined by the applicant paid his fee, attention is directed to Matter of O(supra), wherein this Service stated:

The source of whatever compensation they receive does not affect the capacity in which they actually serve.

Employ means "to use, to have in service, to cause to be engaged in doing something, it does not mean to hire, but to use whether under hire or not."

The applicant's employment with joint distribution committee is not being considered in the disposition of his application since it has not been established that that organization is engaged in the furtherance of the trade and commerce of the United States.

There can be no question but that the alien's employment with the consulate general must have been a fact known to the vice consul before whom the application was executed. Since the alien based this application on his service with the Air Transport Command and in view of his testimony that in the beginning of his employment with that command he spent approximately 6 hours per day in such employment, the conclusion is warranted that on October 17, 1947, his residence abroad was occasioned principally by such employment. For the reasons hereinbefore set forth this application although duly