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    EB1 Green Card Law Review AAO January 07th 2011 Decision – Invited Membership

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    Invited Membership 

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    January 7th 2011 – Invited Membership (p5-6)

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    Source Case

    Invited membership – (AAO Decision January 7th 2011 p5-6 )

    8 CFR § 204.5(h)(3)(ii) – Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

    Context

    In this case the AAO discussed qualifying memberships and the necessary qualifying criteria.

    1. A petitioner must show that the association requires outstanding achievement as an essential condition for admission to the membership.

    2. The overall prestige of a given association is not determinative; the issue is the requirements rather than the association’s overall reputation.

    3. Submitted documentation should establish that the association requires outstanding achievements of its members, as judged by recognized national or international experts in the beneficiary’s field or an allied one.

     

    AAO Decision

    In this case, the beneficiary was a member of an organization but failed to establish that the association required outstanding achievements of its members, as judged by recognized national or international experts in the beneficiary’s field or an allied one.

    Cited Cases:

    AAO cited no case law to support this evidentiary construction, only a plain language interpretation of the requirements, but noted that going on record without supporting documentary evidence is not sufficient for the purposes of meeting the burden of proof.

    (i) Matter of Soffici, I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. Comm. 1972))

     

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