Qualifying For the EB-1A: Memberships

Qualifying for the "Memberships" category under EB-1A is harder than it might seem | Adobe

By Amber Davis, Principal Attorney at Waypoint Immigration USA, and Kate Luther

As part of our ongoing EB-1A series, we are walking through the ten criteria you can use to build your submission profile. For this round, we will explore one of the more ambiguous categories on the list: memberships. 

We say “ambiguous” because while it might seem like a simple concept on the surface, this is a notoriously difficult criterion to win. In fact, if you are only claiming the minimum three required to apply, we generally recommend that memberships not be on the list. It is heavily scrutinized, and adjudications can be both frustrating and inconsistent, in large part due to the criterion’s broad definition. 

And that’s where this post will begin: 

What is the Memberships Category?

Using the USCIS definition: 

Membership in associations in the field for which classification is sought requires outstanding achievement of their members, as judged by recognized national or international experts in their disciplines or fields.

And “outstanding achievement” is the key phrase there. 

Memberships in this context refers to associations that require you to be “judged” or nominated, as in a higher level kind of membership than something you just pay for annually. It also requires that those nominations are bestowed for the (outstanding) work you’ve done in your particular field of practice. It should be personal, specific, and hard to attain.

What kind of memberships would not qualify for this criterion? 

Common examples include entry-level memberships (where you can pay a fee to join) and compulsory memberships (such as unions, guilds, and bar associations). In most cases, USCIS will also want to see the organization’s bylaws as supporting documentation. If they focus on (or even mention) mandatory fees or common entry requirements such as education level and years of experience in the field, the membership will likely be flagged. 

But the challenges do not end here. 

Even with this list of clearly defined “don’ts”, there is no real consensus on what constitutes an acceptable membership. And this is where the ambiguity comes in. 

Going back to the official definition, the policy manual highlights professional associations and fellowships (where an individual would most likely be required to “earn” the position) but it is reasonable to interpret this more broadly. 

You could argue for roles on technical committees and advisory boards for example, as well as networking groups (if they are exclusive) and independent boards. Working groups could also be used, especially if you can show real influence, such as shaping industry standards or making national policy recommendations. All of these examples could satisfy the guidelines for this criterion as it is written. 

But again, real-world evaluation has been inconsistent at best. Different officers impose different standards, and it is not uncommon to see officers impose unreasonable standards that many industry-related organizations simply cannot meet without designing their bylaws around EB-1A regulations. 

And that is not realistic. 

Still, there are benefits to pursuing professional memberships, even if you do not officially claim the criterion as one of your primary three. So, let’s first talk about positioning and strategy; then you can decide how you want to use it. 

Building Your Membership Strategy for the EB-1A

Start by looking for opportunities where you can be appointed to a specific role, preferably one that requires you to be vetted by others in your field. 

Where can your energy and effort have the most impact? 

Note that we are not talking about taking up space on your resume, but actually making a difference within your field of interest. 

Explore professional associations (again, preferably in your field) and get familiar with the different membership tiers and their requirements. Are there committees and boards within the organization? Can anyone join or must you first be nominated? 

Are there volunteer opportunities that would help you get your foot in the door?

There’s nothing wrong with starting at the bottom and working your way up through the ranks. Some of these lower-level membership categories may not be enough to satisfy the EB-1A requirement, but it can help you be nominated for, or appointed to higher leadership positions within the organization, and those levels can carry more weight with the government. 

As a general rule, find two or three organizations you think are worth joining, and then aim to take a highly active role in at least one (preferably two) of them. One organization that is highly specialized in your area of expertise is worth much more than multiple generic memberships. 

Don’t Forget About Supporting Documentation

As important as the prestige of your memberships are, they will not count for much with proper backup. 

The top of your list should include confirmation of your membership (such as a printout from the organization’s website, a membership card, a certificate, or a letter from the association), and any documentation that highlights the prestige of the association itself is also beneficial, i.e., media coverage, website printouts, and the like.

Something that details the difficulty or exclusivity of your membership is also crucial. This can be a letter from the organization that lays out both the membership criteria and the selection process. And as mentioned above, USCIS often asks to see the bylaws, so if you can get a copy, you should definitely include it. 

Additional information should include details about the official evaluation process (who reviews the applicants and what are their credentials?), as well as how your membership fits within the organization.  This can include a total member count, requirements for continued membership, your rank compared to other members, and the status of the association within your field. 

If you can get copies of CVs, media articles, and other profile documentation for the review panel, that can be helpful too. 

The Bylaws Catch-22

UCIS overvalues Bylaws, especially Bylaws that say “outstanding achievement” is required for membership to be granted. 

The problem is that real-world organizations don’t use this exact phrase. Real professional organizations that have longevity and prestige in their respective fields do not look to the U.S. immigration authorities to inform the language they use in governance. That would be absurd. 

But since USCIS says it wants this exact phrase, more and more new organizations are popping up that do appear to mirror this language. This is what USCIS says that it wants, though it seems contrary to the entire purpose of the regulations. There is also a potential for fraud if these newer organizations don’t actually enforce high standards or allow people to buy their way in without meeting the purported stringent requirements. 

EB-1A aspirants need to balance these factors. Some of the most prestigious organizations and memberships won’t qualify if USCIS demands this exact phrase be present in the bylaws. Some really sketchy organizations will qualify. Ultimately, the Membership criterion is not something that should be gamed. Pursue the most prestigious memberships that are tightly tied to your field of work, and the ones that make sense for the kinds of activities and contributions you want to do in that field. 

Wrapping It Up

As we’ve mentioned before, taking the time to expand your presentation and compile sufficient supporting documentation before you submit can go a long way in overcoming potential objections. 

That said, a better use of this criterion is as part of the profile-building process. Presented in this manner, seeking memberships can actually strengthen your case, even if you never ultimately claim this criterion, because those organizations offer so much exposure and opportunity to contribute in other ways. This strategy offers a much broader definition of what is and is not “prestigious,” and gives you the opportunity to participate in roles you’re really excited about without worrying whether they meet this criteria’s hard-to-pinpoint threshold. 

If you are ready to learn more about the EB-1A petition process, click to schedule a consultation or explore our list of EB-1A services with this quick guide.