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    EB1 Law Review AAO Decision May 1st 2013 – Elements of Membership, et. al

    May 1st 2013 – Membership, et .al

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    Source Case 

    Elements of Membership  (May 1st 2013 p7)

    8 C.F.R section 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 in of their members, as judge by recognized national or international experts in their disciplines or fields.

    Context

    In this case the AAO breaks down the elements that each need to be satisfied in order to satisfy this category.

    1: That there are associations (in the plural) in the petitioner’s field that consist of formal membership.

    2: That the Petitioner is a member of these associations.

    3: That the associations require outstanding achievements (in the plural) as a condition of admittance.

    4: Admittance is judged, or adjudicated by nationally or internationally recognized experts in their field who determine if the aforementioned outstanding achievements are sufficient for admission.

    AAO cited no case law at all to support this evidentiary construction, only a plain language interpretation of the requirements.  

    AAO Decision

    In this case the Petitioner was a member of two organizations but failed to specifically address each of the required elements in the application as outlined above and thus this category was not deemed satisfied.

    *Cases Cited

    AAO cited no case law at all to support this evidentiary construction.