The EB-1A Criteria Analysis - Alien's Membership in Associations in the Field

To satisfy this EB1 extraordinary ability criterion, the submitted evidence should establish that the alien applicant’s significant achievement in the field is the basis for the alien’s membership in the association. It is not sufficient for this criterion if the membership is based on education level, or is based on years of experience in the field.

To satisfy this criterion, alien applicant's membership in associations should require outstanding achievements of their members, as judged by national or international experts in their fields. Also, USCIS believes that the membership fee payment or an association’s publication subscription is not sufficient for this criterion, because membership in some associations can be a requirement of an occupation, such as union membership or guild affiliation for actors.

Furthermore, a compulsory membership in an association is not indicative of the alien applicant’s achievements in the field. Therefore, for example, a membership in a State Bar, in American Bar Association (ABA), or in American Immigration Lawyers Association (AILA) will not be considered sufficient for this criterion by USCIS. Because lawyers are required to be members of a State Bar, most members of the bar can become ABA members, and most immigration lawyers could be eligible to become AILA member.

To satisfy this criterion, the petitioner should show that the membership of an association is exclusive, which means that membership is limited only to those who have been attained outstanding achievements in the field as judged by their peers. For example, an alien’s membership in the National Academy of Sciences and Engineering would satisfy this criterion, because it is an honorific society, and its membership nominations are based on original research and accomplishment in the field, and and membership is granted based upon recognition of the individual’s distinguished achievements in original research.

Also, to meet this criterion, the petitioner should provide evidence to confirms that the association requires outstanding achievements of its members. To assist the USCIS in determining that the beneficiary’s membership satisfy this criterion, the petitioner may submit the section of the association’s constitution or bylaws which discuss the criteria for membership for the beneficiary’s level of membership in the association.

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