dismissed H-1B Case: Equestrian

U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: WAC 04 046 52001 Office: CALIFORNIA SERVICE CENTER 
Date: :p 2 P.2MlS 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 10 1 (a)(l 5)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
, SELF-REPRESENTED 
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 
WAC 04 046 52001 
Page 2 
DISCUSSION: The director of the service center denied the nonimmigrant 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 a training program for riders and horses. It seeks to employ the beneficiary as an 
equestrian trainerlcompetitor. The petitioner, therefore, endeavors to classify the beneficiary as a nonirnmigrant 
worker in a specialty occupation pursuant to section 10 1 (a)(l S)(H)(i)(b) of the Immigration and Nationality Act 
(the Act), 8 U.S.C. 3 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition because the beneficiary is not qualified to perform the proffered position. On 
appeal, the petitioner states that the beneficiary qualifies for the proffered position and submits additional 
evidence. 
Section 214(i)(2) of the Act, 8 U.S.C. 3 1184(i)(2), states that an alien applying for classification as an H-1B 
nonimmigrant 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. 3 214.2(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, andlor 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. 
The record of proceeding before the AAO contains, in part: (1) Form 1-129 and supporting documentation; 
(2) the director's request for additional evidence; (3) the petitioner's response to the director's request; (4) the 
director's denial letter; and (5) Form I-290B. The AAO reviewed the record in its entirety before issuing its 
decision. 
WAC 04 046 52001 
Page 3 
The petitioner is seeking the beneficiary's services as an equestrian trainerlcompetitor. The director 
concluded that the petitioner failed to establish that the beneficiary's education, training and/or work 
experience is equivalent to a bachelor's degree in the specialty occupation. 
A review of the record reveals that the petitioner has failed to establish that the beneficiary qualifies to 
perforin the proposed position. 
The beneficiary does not hold a U.S. baccalaureate degree in a specific specialty or a foreign degree 
determined to be equivalent to a U.S. baccalaureate degree in equine studies as required by the specialty 
occupation, the petitioner must therefore demonstrate that the beneficiary meets the criterion at 8 C.F.R. 
5 2 14.2(h)(4)(iii)(C)(4). 
Pursuant to 8 C.F.R. fj 214.2(h)(4)(iii)(D), equating the beneficiary's credentials to a United States 
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 fiom 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. 
No evidence satisfies the criteria under 8 C.F.R. 66 214.2(h)(4)(iii)(D)(l) or (3). The evaluations from Ms. 
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. Furthermore, these evaluations, including the one from Mr. 
are performed by a reliable credentials evaluation service that specializes in -* 
WAC 04 046 52001 
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evaluating foreign educational credentials. Thus, this evidence fails to satisfy the criteria at 8 C.F.R. 
$8 2 14.2(h)(4)(iii)(D)(I) and (3). 
No evidence satisfies the criterion under 8 C.F.R. $8 214.2(h)(4)(iii)(D)(2) or (4). 
Since the evidence fails to establish the first four criteria under 8 C.F.R. §$ 214.2(h)(4)(iii)(D), CIS must 
evaluate the job duties that the beneficiary performed pursuant to 8 C.F.R. $ 214.2(h)(4)(iii)(D)(5). When CIS 
determines an alien's qualifications pursuant to 8 C.F.R. § 2 14.2(h)(4)(iii)(D)(5), three years of specialized 
training andlor 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 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 in 
1 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; 
(iv) Licensure or registration to practice the specialty occupation in a foreign country; or 
(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 beneficiary's training and cumulative work included the theoretical 
and practical application of specialized knowledge required by the specialty occupation, which in this case is 
equine studies; however, the evidence fromes not clearly indicate the length of time 
the beneficiary trained there and whether it was on a full or part-time basis. Thus, the evidence in the record, 
taking into consideration the beneficiary's completion of 45 units in business administration, is insufficient to 
establish the equivalent to a bachelor's degree in equine studies. 
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). 
WAC 04 046 52001 
Page 5 
The record contains a transcript from Las Positas College that shows that the beneficiary completed 45 units 
of study there, majoring in business administration. The record also contains a letter from Equestrian Club 
eneficiary's membership there since 1992. Based on the October 14,2003 letter from 
he beneficiary's time spent with Equestrian Club Meaker was not equivalent to 
baccalaureate-level studies in equine studies. In the late summer of 1996, the beneficiary became a student at 
where he is described as learning riding, training, competing, and the business aspects of 
the horse industry. According to its curriculum covers animal care, stable management, 
body awareness for horses and people, animal behavior, and three phases of eventing - dressage, show 
jumping, and cross country. The August 23, 1996 letter from- states that the beneficiary 
was accepted as a through December 1996. The October 
14, 2003 letter from iscusses the beneficiary's development over a three-year period. 
The May 5, 2004 that the beneficiary's mastery of the 
Three Day a master's degree in education 
of eventing and has been involved in 
the development of a national program to train and assess eventing instructors. A letter from Ms. - 
dated October 12, 2003, states that she spent five months as a resident trainer at in 1997 
and worked with the beneficiary giving him instruction in dressage, slow-jumping, and cross-country 
jumping, and having him assist in training young unschooled horses from the ground up and schooled horses 
which required re-training. ~s.states that the beneficiary's knowledge exceeds the knowledge 
gained in a bachelor's degree program. As indicated earlier, the evidence from does not 
clearly indicate the length of time the beneficiary trained there and whether it was on a full or part-time basis. 
Thus, the evidence from fails to establish that the beneficiary's education and training is 
the equivalent to a bachelor's degree in equine studies. 
A 1998 letter from the Mexican Olympic Committee states that the beneficiary was to participate at the North 
American Young Riders Championships, and a letter from the president of the Mexican Eventing Committee 
confirms the beneficiary's participation in this event. The record contains letters confirming the beneficiary's 
participation in competitions during his youth and his skill as an equestrian, and newspaper articles about the 
beneficiary's competitions during his youth. This evidence does not discuss the beneficiary's training or 
experience. 
A letter dated March 3 1, 2004 fi-om Mr . states that, based on his observation, the 
beneficiary's horse and rider training ac higher level than most college graduates - - 
from equine studies programs, and that his skills, knowledge, and experience exceed that of a bachelor's 
degree from most equine studies programs in the country. According to ~r. the beneficiary has 
an intrinsic knowle ng of young horses, their anatomy, muscle development, and psychology. 
The opinions of M are based on his observations of the beneficiary performing volunteer 
activities training young horses and sharing knowledge with riders at all levels. The letter is not persuasive in 
establishing that the beneficiary possesses the equivalent to a bachelor's degree in equine studies as it does not 
discuss the beneficiary's training and experience in any detail. 
WAC 04 046 52001 
Page 6 
The beneficiary's experience may have been gained while working with peers, supervisors, or subordinates who 
have a degree or its equivalent in the specialty occupation as Ms. possesses a master's degree in 
education and has over 35 years as a teaching and riding professional in the sport of eventing. 
The beneficiary has recognition of expertise in the specialty: Ms. and has been involved in the 
development of a national program to train and assess eventing instructors, and Mr. Jr. has 
extensive credentials in the equestrian field. The beneficiary also has been published regarding his 
accomplishments in competitions. Nevertheless, the evidence is not sufficient to establish that the 
beneficiary's education, training, and/or work experience is equivalent to a bachelor's degree in equine studies. 
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. 
Beyond the decision of the director, the proposed position does not qualify as a specialty occupation. The 
Handbook reveals that the proposed position is analogous to an animal trainer and that employers do not 
require a bachelor's degree in a specific specialty for this occupation. Furthermore, the petitioner's 
advertisement in the San Francisco Chronicle does not state the requirement of a bachelor's degree for the 
proposed position. 
The burden of proof in these proceedings rests solely with the petitioner. Section 29 1 of the Act, 8 U.S.C. tj 136 1. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.