Interim Decision -#137a 

MATTER OF PETERSON 

In VISA PETITION Proceedings 

A-8952166 

Derided by Regional Conymiasioner December 19, 1963 

Beneficiary, who is employed on a cattle ranch engaged in raising purebred 

herefords for sale and show purposes, and who is responsible for the feeding 

of young calves up to the age of about 15 months and of the bulls kept on 

range for breeding purposes, who assists in the vaccination and immunization 

of the stock, treats minor ailments, measures and mixes the feed grains according to prepared formulas, grooms and cares for animals being prepared 

for exhibition purposes, assists with haying and in the irrigation and cultivation of the farm land is ineligible for first preference classification under 

section 203(a) (1), Immigration and Nationality Act, as amended, since the 

duties performed are duties ordinarily performed by a good ranch hand or 

herdsman and do not require the high education, technical training, specialized 

experience or excepticeial ability contemplated by the statute. 

This cam comas-before the Regional Commissioner on appeal from 

the decision of the District Director, San Francisco, who denied the 

petition on the grounds that the duties of the position for which 

petitioned do not require the high education, technical training, specialized experience or exceptional ability to the degree contemplated 

by the statute for first preference classification. 

Petitioner is owner and manager of the cattle ranch "Ruby Mountain Herefords" near Elko, Nevada. This ranching business was 

established in 1930. Petitioner has approximately 2,000 head of cattle 

ranging on 15,000 acres of fee-simple land and employs from eight to 

seventeen persons. The ranch is valued at about $100,000 with an 

annual income of $75,000 to $90,000. Purebred herefords are raised 

for sale and show purposes. 

Beneficiary is a 56-year-old married male, a native and citizen of 

Spain who was admitted into the United States as a. crewman at 

Philadelphia, Pennsylvania, on May 15, 1953, for a period not to exceed 

29 days. He deserted his ship, went west and has been employed by 

the petitioner in Nevada since June of 1953. Following his apprehension, he was served with an order to show cause and at a hearing 

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Interim Decision #1373 

accorded0.by a. Special Inquiry Officer on March 26, 1956, was found to 

be deportable and granted voluntary departure with an alternate order 

of deportation. Various private bills introduced periodically in his 

behalf since 1953 have failed of passage. On April 10, 1963, the visa 

petition for first preference classification was filed in his behalf. 

The petitioner states that beneficiary is responsible for the feeding 

of the young calves up to the age of about fifteen months, that beneficiary assists in the vaccination and immunization of the stock and 

treats minor ailment . He measures and mixes the feeed grains according to prepared formulas and grooms and cares for the animals that 

are being prepared for exhibition purposes. He is also responsible 

for the feeding of bulls that are kept on the range for breeding purposes. During the Spring and Summer months, he assists in the irrigation and cultivation of the farm land and assists with the haying. 

The clearance order issued by the Bureau of Employment Security 

titles the position to be filled as "cattle breeder" and describes the duties 

as "Takes care of the health, welfare, feeding, halter breaking and exhibition of from 40 to 50 head of registered hereford cattle both while 

at the home ranch and while on the road exhibiting. Compounds 

feed formulas as directed. Observes daily health of stock by frequent 

inspection. Tests cattle and inoculates or treats with salves when 

necessary." The clearance order further shows that a minimum of 

five years' experience in the care and exhibition of purebred beef cattle 

is required and that the position requires a man who is gentle and 

tolerant with stock. 

The Dictionary of Occupational Titles, 'Volume I, defines a "cattle 

breeder" as one who "Breeds and raises purebred beef or dairy cattle 

for sale to Dairymen II, Cattle Ranchers; and other growers. Seeps 

pedigree records. Grooms cattle and exhibits them at fairs, conventions, and other gatherings." 

Petitioner is in reality the "cattle breeder." While it is true the 

beneficiary grooms the cattle, he is not the exhibitor. The petitioner, 

Ruby Mountain Herefords, is the exhibitor. The petitioner breeds 

and raises the purebred stock and keeps the pedigree records. The 

petitioner, himself, and others who have presented letters attesting to 

the beneficiary's ability to perform the tasks of the position refer to the 

beneficiary as "herdsman" which is a more descriptive title of his 

duties. 

We agree with counsel that beneficiary is qualified to perform the 

duties as set forth by the petitioner and that petitioner needs the services of an employee to perform these duties. However, we must agree 

with the District Director that the tasks performed do not require 

the high education, technical training, specialized experience or special 

ability as contemplated by the statute for first preference classification. 

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Interim Decision *1378 

Counsel has argued that if the "requirements are met in any degree, 

the petition should be granted." We do not agree. The tasks to be 

performed must be of a degree of complexity or difficulty that only a 

person with a high education, technical training, exceptional ability 

or specialized experience could, because of these qualifications, proficiently perform the duties. The duties performed by the beneficiary 

are duties ordinarily performed by good ranch hands or herdsmen 

and do not meet first preference standards. The appeal must be dismissed and the decision of the District Director to deny the application 

be affirmed. 

ORDER: It is ordered that the appeal be dismissed and the decision 

of the District Director to deny the application be affirmed. 

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