dismissed H-1B Case: Animal Science

identifLing data deleted to 
pmvent clear1 y unwarranted 
invmim of personal privacy 
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: LIN 04 094 52 182 Office: NEBRASKA SERVICE CENTER Date: MAP 2 8 71)0b, 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 lOl(a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
LIN 04 094 52182 
Page 2 
DISCUSSION: The director of the service center denied the nonirnmigrant visa petition and the matter is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petition will be 
denied. 
The petitioner provides horse breeding, training, and sales. It seeks to employ the beneficiary as an animal 
scientist. The petitioner, therefore, endeavors to classify the beneficiary as a nonimmigrant worker in a specialty 
occupation pursuant to section lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1 lOl(a>(15>(H>(i>(b>. 
The director denied the petition because the beneficiary is not qualified to perform the proffered position. On 
appeal, counsel submits a brief and additional evidence. 
The record of proceeding before the AAO contains, in part: (1) the Form 1-129 and supporting 
documentation; (2) the director's denial letter; and (3) the Form I-290B and additional documents. The AAO 
reviewed the record in its entirety before issuing its decision. 
Section 214(i)(2) of the Act, 8 U.S.C. 
 1184(i)(2), states that an alien applying for classification as an H-1B 
nonirnrnigrant worker must possess full state licensure to practice in the occupation, if such licensure is 
required to practice in the occupation, and completion of the degree in the specialty that the occupation 
requires. If the alien does not possess the required degree, the petitioner must demonstrate that the alien has 
experience in the specialty equivalent to the completion of such degree, and recognition of expertise in the 
specialty through progressively responsible positions relating to the specialty. 
Pursuant to 8 C.F.R. 
 214.2(h)(4)(iii)(C), to qualify to perform services in a specialty occupation, an alien 
must meet one of the following criteria: 
(I) 
 Hold a United States baccalaureate or higher degree required by the specialty occupation 
from an accredited college or university; 
(2) 
 Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher 
degree required by the specialty occupation from an accredited college or university; 
(3) 
 Hold an unrestricted state license, registration or certification which authorizes him or her to 
fully practice the specialty occupation and be immediately engaged in that specialty in the 
state of intended employment; or 
(4) 
 Have education, specialized training, and/or progressively responsible experience that is 
equivalent to completion of a United States baccalaureate or higher degree in the specialty 
occupation, and have recognition of expertise in the specialty through progressively 
responsible positions directly related to the specialty. 
To meet the criterion at 8 C.F.R. 
 214.2(h)(4)(iii)(C)(4), the regulation at 8 C.F.R. 
 214.2(h)(4)(iii)(D) 
states that equating the beneficiary's credentials to a U.S. baccalaureate or higher degree shall be determined 
by one or more of the following: 
LIN 04 094 52182 
Page 3 
(1) 
 An evaluation from an official who has authority to grant college-level credit for training 
andlor experience in the specialty at an accredited college or university which has a 
program for granting such credit based on an individual's training and/or work 
experience; 
(2) 
 The results of recognized college-level equivalency examinations or special credit 
programs, such as the College Level Examination Program (CLEP), or Program on 
Noncollegiate Sponsored Instruction (PONSI); 
(3) 
 An evaluation of education by a reliable credentials evaluation service which specializes 
in evaluating foreign educational credentials; or 
(4) 
 Evidence of certification or registration from a nationally-recognized professional 
association or society for the specialty that is known to grant certification or registration 
to persons in the occupational specialty who have achieved a certain level of competence 
in the specialty; 
(5) 
 A determination by the Service that the equivalent of the degree required by the 
specialty occupation has been acquired through a combination of education, specialized 
training, andlor work experience in areas related to the specialty and that the alien has 
achieved recognition of expertise in the specialty occupation as a result of such training 
and experience. 
The petitioner is seeking the beneficiary's services as an animal scientist. 
 The director found that the 
beneficiary is not qualified for the proffered position because the beneficiary's education, experience, and 
training are not equivalent to a baccalaureate de ree in a field that is directly related to the proposed position.1 
On appeal, counsel refers to Professo 
P 
revised educational evaluation to establish the 
beneficiary's qualifications for the propose position. 
Upon review of the record, the petitioner has not established that the beneficiary is qualified to perform the 
proffered position. 
1 
 The director noted for the record that he was not persuaded that the proposed position qualifies as a specialty 
occupation. Based on the proposed job description, the AAO finds the proposed duties are specialized and 
complex, requiring a baccalaureate degree in a relevant field such as the animal sciences. Thus, the petitioner 
established the proposed position as a specialty occupation under 8 C.F.R. 5 214.2(h)(4)(iii)(A)(4). The AAO 
notes that the proposed duties parallel those of an animal breeder as that occupation is depicted in the 
Handbook, and that the Handbook conveys that the animal sciences is a relevant academic field for an animal 
breeder. 
LIN 04 094 52182 
Page 4 
The petitioner does not establish the beneficiary's qualifications under 8 C.F.R. 3 214.2(h)(4)(iii)(C)(I) or (2). 
The beneficiary does not hold a U.S. baccalaureate or higher degree required by the specialty occupation from 
an accredited college or university, or a foreign degree determined to be equivalent to a U.S. baccalaureate or 
higher degree required by the specialty occupation from an accredited college or university. The petitioner 
must therefore demonstrate that the beneficiary satisfies the criterion at 8 C.F.R. 5 214,2(h)(4)(iii)(C)(4). 
Pursuant to 8 C.F.R. 5 214.2(h)(4)(iii)(D), equating the beneficiary's credentials to a U.S. baccalaureate or 
higher degree shall be determined by one or more of the following: 
(1) 
 An evaluation from an official who has authority to grant college-level credit for training 
and/or experience in the specialty at an accredited college or university which has a 
program for granting such credit based on an individual's training and/or work 
experience; 
(2) 
 The results of recognized college-level equivalency examinations or special credit 
programs, such as the College Level Examination Program (CLEP), or Program on 
Noncollegiate Sponsored Instruction (PONSI); 
(3) 
 An evaluation of education by a reliable credentials evaluation service which specializes 
in evaluating foreign educational credentials; or 
(4) 
 Evidence of certification or registration from a nationally-recognized professional 
association or society for the specialty that is known to grant certification or registration 
to persons in the occupational specialty who have achieved a certain level of competence 
in the specialty; 
(5) 
 A determination by the Service that the equivalent of the degree required by the 
specialty occupation has been acquired through a combination of education, specialized 
training, and/or work experience in areas related to the specialty and that the alien has 
achieved recognition of expertise in the specialty occupation as a result of such training 
and experience. 
To establish the beneficiary's qualifications pursuant to 8 C.F.R. 3 214.2(h)(4)(iii)(D)(l), counsel references 
Professor evaluation. This evidence is not persuasive, however, as no independent evidence in the 
rofessor Neibergs qualifies as an official according to 8 C.F.R. 3 214.2(h)(4)(iii)(D)(I). 
No evidence in the record satisfies the criteria under 8 C.F.R. $5 214.2(h)(4)(iii)(D)(2), (3), or (4). 
When CIS determines an alien's qualifications pursuant to 8 C.F.R. 5 214.2(h)(4)(iii)(D)(5), three years of 
specialized training and/or work experience must be demonstrated for each year of college-level training the alien 
lacks. It must be clearly demonstrated that the alien's training and/or work experience included the theoretical 
and practical application of specialized knowledge required by the specialty occupation; that the alien's 
experience was gained while working with peers, supervisors, or subordinates who have a degree or its equivalent 
LIN 04 094 52 182 
Page 5 
in the specialty occupation; and that the alien has recognition of expertise in the specialty evidenced by at least 
one type of documentation such as: 
(i) 
 Recognition of expertise in the specialty occupation by at least two recognized authorities 
2 
in the same specialty occupation ; 
(ii) 
 Membership in a recognized foreign or United States association or society in the specialty 
occupation; 
(iii) 
 Published material by or about the alien in professional publications, trade journals, books, 
or major newspapers; 
f iv) 
 Licensure or registration to practice the specialty occupation in a foreign country; or 
f V) 
 Achievements which a recognized authority has determined to be significant contributions 
to the field of the specialty occupation. 
Based on the evidence in the record, the AAO finds that the beneficiary's academic coursework and work 
experience are insufficient to qualify him for the proposed position. 
With respect to the beneficiary's education and training, the record contains evidence of the beneficiary's 
transcri ts, diploma, certificate, and translations of documents into the English language. According to Professor 
s, the beneficiary completed one year of academic coursework at Mount Saint Vincent University in 
m 
Canada, and one year of coursework at Dalhousie University in Canada. The beneficiary completed coursework 
leading to a diploma in June 2001 in Horse Husbandry, including Stable Management, from Deutshe Reitshule in 
the Nordrhein-Westfaelischen. On appeal, counsel states that the record contains information about the length of 
coursework at the Deutsche Reitschule College; however, the AAO finds that this evidence does not clearly 
specify the length of the beneficiary's coursework. The attachment to the diploma reflects in Part 11, Theoretical 
Test, the title of the coursework and the scores received; but it does not show the length of each course. The 
document entitled "Pferdewirt" provides a summary for areas of expertise; nevertheless, it is unclear as to how 
the document relates to the beneficiary's diploma. The beneficiary also received a certificate for completing the 
"Riding" course Chief program at Westfalisher Reit-und Fabrveteine in December 2003. 
With regard to the beneficiary's work experience, the submitted letters from prior employers indicate that the 
beneficiary's work experience included the theoretical and practical application of specialized knowledge 
required by the specialty occupation, which in this case is animal science. Each of the prior employers, 
m 
2 
 Recognized authority means a person or organization with expertise in a particular field, special skills or 
knowledge in that field, and the expertise to render the type of opinion requested. A recognized authority's 
opinion must state: (1) the writer's qualifications as an expert; (2) the writer's experience giving such 
opinions, citing specific instances where past opinions have been accepted as authoritative and by whom; (3) 
how the conclusions were reached; and (4) the basis for the conclusions supported by copies or citations of 
any research material used. 8 C.F.R. 5 214.2(h)(4)(ii). 
LIN 04 094 52182 
Page 6 
Farm (June 1. 2003 to February 7. 2004), (Januar 11 1999 to November 30, 
2001), l~u~ust 1, 1999 to October 15, 1999). and December 1, 
1997 to July 30, 1998) describe the beneficiary as involved in preparing horses for breeding including 
assisting the veterinarian with semen collection and artificial insemination. The petitioner submitted a letter 
from a veterinarian attesting to the beneficiarv's assistance at the "on-site stallion and insemination station 
" 
during all veterinary tasks" while employed by 
 The Colorado Veterinary Practice Act 
conveys that a licensed veterinarian is of artificial insemination or ova 
transplantation of animal species."he beneficiary's resume indicates that he was self-employed from 
January 1, 2002 to June 30, 2002; however, none of the evidence in the record relates to the period of self- 
employment. As such, no evidence establishes the nature of the beneficiary's duties while self-employed. 
Together, the evidence of education and work experience is insufficient to demonstrate that the beneficiary's 
education and work experience qualify him for the proposed position. The beneficiary completed two years of 
college education; the length of study relating to the diploma is unclear. The regulation requires the petitioner 
to establish three years of specialized training andlor work experience for each year of college-level training the 
beneficiary lacks. Here, the petitioner needs to establish six years of work experience or training. The petitioner 
substantiated through documentary evidence four years and seven months of work experience; again, the 
period associated with self-employment is not supported by independent evidence. Consequently, based on the 
evidence in the record, the AAO finds that the petitioner fails to establish the beneficiary's qualifications for the 
proposed position. 
The regulation at 8 C.F.R. 5 214.2(h)(4)(iii)(D)(5) states that the alien's experience must have been gained while 
working with peers, supervisors, or subordinates who have a degree or its equivalent in the specialty occupation; 
and the alien must have recognition of expertise in the specialty by at least two recognized authorities in the 
same specialty occupation. The beneficiary's experience was gained while working with veterinarians. 
However, the beneficiary does not have recognition of expertise in the specialty (animal science) by at least two 
recognized authorities in the same occupation. The AAO notes that Professor does not qualify as a 
recognized authority in the field of animal science as his resume reflects recognition in equine business. 
As related in the discussion above, the petitioner has failed to establish that the beneficiary is qualified to 
perform the duties of the proffered position. Accordingly, the AAO shall not disturb the director's denial of 
the petition. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 5 1361. 
The petitioner has not sustained that burden. 
ORDER: 
 The appeal is dismissed. The petition is denied. 
"Artificial insemination" is defined in the Colorado Veterinary Practice Act in 12-64-103(3), and license 
requirements and exceptions are set forth in 12-64-104.