Date of Decision: April 26, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Horse Breeder
Field: Thoroughbred Horse Breeding
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Judging the work of others: The Petitioner provided letters showing that he evaluates thoroughbred horses for those wishing to purchase them, satisfying the judging criterion at 8 C.F.R. § 204.5(h)(3)(iv).
Original contributions of major significance: The Petitioner has demonstrated his contributions to the thoroughbred horse racing community through breeding several champion horses, meeting the criterion at 8 C.F.R. § 204.5(h)(3)(v).
Published material about the alien in professional or major trade publications or other major media: The Petitioner provided evidence showing that two of the United Kingdom’s horse racing dignitaries interviewed him after his horse beat the race favorite. The interview was broadcast live and has a large viewership, thus qualifying as major media. This satisfies the criterion at 8 C.F.R. § 204.5(h)(3)(iii).
Criteria Not Met:
None specified in the document: The Petitioner was initially found to meet only two criteria, but upon appeal, additional evidence provided demonstrated eligibility under the published material criterion.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner did not present evidence of major, internationally recognized awards but demonstrated his acclaim through other criteria.
Published Materials About the Petitioner:
The Petitioner provided articles and interviews published in major British media, including a 1986 article in a daily newspaper with a significant circulation, highlighting his rise in the world of horse breeding.
Original Contributions of Major Significance:
The Petitioner’s breeding of several champion horses, including horses with unique bloodlines and significant winnings, was recognized. His innovative breeding techniques and success in producing top thoroughbreds were well-documented.
Participation as a Judge:
The Petitioner provided evidence of his role in evaluating thoroughbred horses, demonstrating his expertise and recognition in the field.
Supporting Documentation
- Letters of Evaluation: Detailed letters showcasing the Petitioner’s role in evaluating thoroughbred horses for purchase.
- Articles and Interviews: Published materials in major media outlets documenting the Petitioner’s achievements and contributions to horse breeding.
- Breeding Contracts: Contracts showing the Petitioner’s continued work in horse breeding in the United States.
Conclusion
Final Determination: The appeal was sustained, and the Petitioner’s EB1 classification was approved.
Reasoning: The Petitioner demonstrated extraordinary ability through his innovative breeding techniques, significant contributions to the field, and national and international acclaim. The additional evidence provided on appeal satisfied the required criteria, and the totality of the record supported the finding that the Petitioner is at the top of his field.
Next Steps: The Petitioner should continue to submit any future documentation required to maintain his EB1 classification and pursue any related immigration benefits.
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