sustained EB-1A Case: Horse Breeding

MATTER OF P-H-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 26,2017 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a horse breeder, seeks classification as an individual of extraordinary ability in 
business. See Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. 
§ 1153(b)(l)(A). This first preference classification makes immigrant visas available to those who 
can demonstrate their extraordinary ability through sustained national or international acclaim and 
whose achievements have been recognized in their field through extensive documentation. 
The Director of the Texas Service Center denied the Form 1-140, Immigrant Petition for Alien 
Worker, concluding that the Petitioner had satisfied only two of the initial evidentiary criteria, of 
which he must meet at least three. 
On appeal, the Petitioner submits additional evidence and asserts that he has demonstrated 
eligibility. 
Upon de novo review, we will sustain the appeal. 
I. LAW 
Section 203(b) of the Act states in pertinent part: 
(1) Priority workers. -- Visas shall first be made available ... to qualified immigrants 
who are aliens described in any ofthe following subparagraphs (A) through (C): 
(A) Aliens with extraordinary ability. - An alien is described in this 
subparagraph if-
(i) the alien has extraordinary ability in the sciences, arts, education, 
business, or athletics which has been demonstrated by sustained 
national or international acclaim and whose achievements have been 
recognized in the field through extensive documentation, 
(ii) the alien seeks to enter the United States to continue work in the area 
of extraordinary ability, and 
Matter of P-H-
(iii) the alien's entry into the United States will substantially benefit 
prospectively the United States. 
The term "extraordinary ability" refers only to those individuals in "that small percentage who have 
risen to the very top of the field of endeavor." 8 C.F.R. § 204.5(h)(2). The implementing regulation 
at 8 C.F.R. § 204.5(h)(3) sets forth a multi-part analysis. First, a petitioner can demonstrate 
sustained acclaim and the recognition of his or her achievements in the field through a one-time 
achievement (that is, a major, internationally recognized award). If that petitioner does not submit 
this evidence, then he or she must provide sufficient qualifying documentation that meets at least 
three of the ten categories listed at 8 C.F.R. § 204.5(h)(3)(i)-(x) (including items such as awards, 
published material in certain media, and scholarly articles). 
Satisfaction of at least three criteria, however, does not, in and of itself, establish eligibility for this 
classification. See Kazarian v. USC IS, 596 F .3d 1115 (9th Cir. 201 0) (discussing a two-part review 
where the documentation is first counted and then, if fulfilling the required number of criteria, 
considered in the context of a final merits determination); see also Visinscaia v. Beers, 4 F. Supp. 3d 
126, 131-32 (D.D.C. 2013); Rijal v. USCIS, 772 F. Supp, 2d 1339 (W.D. Wash. 2011), af('d, 683 
F.3d. 1030 (9th Cir. 2012); Matter ofChawathe, 25 I&N Dec. 369, 376 (AAO 2010) (holding that 
the "truth is to be determined not by the quantity of evidence alone but by its quality" and that U.S. 
Citizenship and Immigration Services (USCIS) examines "each piece of evidence for relevance, 
probative value, and credibility, both individually and within the context of the totality of the 
evidence, to determine whether the fact to be proven is probably true"). Accordingly, where a 
petitioner submits qualifYing evidence under at least three criteria, we will determine whether the 
totality of the record shows sustained national or international acclaim and demonstrates that the 
individual is among the small percentage at the very top of the field of endeavor. 
Finally, the statute and the regulation require that the petitioner seek to continue work in his area of 
expertise in the United States. Section 203(b)(l)(A)(ii) of the Act. Such evidence may include 
letters from prospective employers, items demonstrating prearranged commitments such as 
contracts, or a statement from the petitioner detailing plans for continuing work in the area of 
extraordinary ability in the United States. 8 C.F.R. § 204.5(h)(5). 
II. ANALYSIS 
The Petitioner is a thoroughbred horse breeder. As the Petitioner has not established that he has 
received a major, internationally recognized award, he must satisfy at least three of the alternate 
regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). The Director determined that the Petitioner met 
the judging criterion at 8 C.F.R. § 204.'5(h)(3)(iv) and the contributions criterion at 8 C.F.R. 
§ 204.5(h)(3)(v). 
On appeal, the Petitioner maintains that he meets several additional criteria. We agree. In addition, 
after reviewing all of the submitted material in the context of a final merits decision, we conclude 
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Matter of P-H-
that the Petitioner has shown a history of achievements and experience indicative of someone at the 
top of his field of endeavor. 
A. Evidentiary Criteria 
Published material about the alien in professional or major trade publications or other major 
media, relating to the alien's work in the .field for which class(fication is sought. Such evidence 
shall include the title, date, and author ofthe material, and any necessary translation 8 C.F.R. 
§ 204.5(h)(3)(iii). 
The Petitioner provided evidence showing that two of United Kingdom's horse racing dignitaries 
interviewed him after the Petitioner's horse beat the race favorite. The interview was broadcast live 
on The Petitioner has demonstrated that averages millions of viewers 
for its broadcasts of major races, thus we find that it qualifies as major media. With this evidence, 
the Petitioner has satisfied this criterion and we withdraw the Director's adverse findings to the 
contrary. 
Evidence of the alien's participation, either individually or on a panel. as a judge of the work of 
others in the same or anallied field of specification for which classification is sought. 8 C.F .R. 
§ 204.5(h)(3)(iv). 
The Petitioner provided letters showing that he evaluates thoroughbred horses for those wishing to 
purchase them. We therefore agree with the Director that he has met this criterion. 
Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related 
contributions of major significance in the.field. 8 C.F.R. § 204.5(h)(3)(v). 
The Petitioner has submitted evidence exhibiting his contributions to the thoroughbred horse racing 
community through breeding several champion horses. We therefore agree with the Director that the 
Petitioner has met this criterion. 
B. Final Merits Determination 
In a final merits determination, we examine the material in a collective nature to determine if the 
individual has demonstrated, by a preponderance of the evidence, that he or she has sustained national 
or international acclaim, and achievements recognized in the field through extensive documentation. 
Section 203(b)(l)(A)(i) of the Act; 8 C.F.R. § 204.5(h)(2), (3). 
In this case, the Petitioner has shown 
a history of success and achievements indicative of someone at the 
very top of his field. He moved from Great Britain to Florida, in 1989 and brought with him his 
stallion. By breeding his horse, he introduced two new bloodlines to the American market and created 
offspring with no close genetic replications. His unconventional approach has been largely successful 
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and garnered him a description as an "intuitive genius" in the field. 
process, had $120,668 in winnings. 
a product of this 
Perhaps the Petitioner's most successful horse, finished second at the a 
graded stakes race 1 in England in 1998. success was recognized in major media, such as 
which covered a win at trainer, is 
currently considered to be the best trainer in the world. He went on to train the 20 1 0 
.winning horse, credits the Petitioner's bred horse in large part with 
his success, saying that his experience with · laid the framework for his future. The 
Petitioner's horse 
thereby helped facilitate the career of one of the world's premier horse trainers. 
As discussed above, the Petitioner was interviewed on a popular British 
In addition to this appearance, the Petitioner provided articles about him and his work in 
major print publications. A 1986 article published in Britain's daily newspaper, discussed 
the Petitioner's improbable rise in the world of horse breeding. At the time, had a daily 
circulation of approximately 750,000. Other trade publications , such as and 
also reported on his horses' victories. 
The record shows the Petitioner has continued to breed horses that are sold for large sums. One 
recent foal he bred was 1 of 32 sired by a given stallion that year. Of these 32, the Petitioner's horse 
was the only one purchased, and it sold for $17,000. Perhaps more significantly, the Petitioner has 
evaluated the breeding suitability of numerous horses for both individuals and well-established horse 
training facilities on several continents. All relied on the Petitioner's expertise in European and 
North American breeding, and in particular, his judgment in applying cross-breeding methods to 
produce winning and highly sought after foals. This is the type of experience and acclaim required 
for eligibility under this restrictive immigrant classification. 
The evidence provided establishes that the Petitioner has received both national and international 
acclaim as a horse breeder. His accomplishments are representative of those who have risen to the 
top of his field. See 8 C.F.R. § 204.5(h)(2). He has therefore demonstrated his extraordinary ability 
in accordance with the requirements of this immigration benefit. 
C. Continued Work in Area of Expertise 
According to the statute and the regulations , the Petitioner must seek to continue work in his area of 
expertise in the United States. Section 203(b)(l)(A)(ii) of the Act; 8 C .F.R. § 204.5(h)(5). The 
Petitioner has offered several breeding contracts showing his future work. These documents 
demonstrate that he will continue working in his area of expertise and they therefore satisfy this 
requirement. 
1 
A graded stakes race is a high-level North American race that showcases top horses from the United States and abroad . 
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Matter of P-H-
III. CONCLUSION 
The Petitioner established that he has extraprdinary ability as a horse breeder. By demonstrating that 
he seeks to continue to work in his area of extraordinary ability, and there being no indication 
otherwise, we are satisfied that the Petitioner's entry will substantially benefit prospectively the 
United States. 
ORDER: The appeal is sustained. 
Cite as Matter of P-H-, ID# 324463 (AAO Apr. 26, 2017) 
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