Alternatives to the H-1B: O-1A Visa - Alternative Criterion 2 (Memberships)

For those of you considering viable options to the H-1B cap (because you were not selected in this year’s lottery), I will be doing a deep-dive into the O-1A criteria over the next couple of weeks.

When determining whether someone is qualified for O-1A classification, I cannot emphasize enough how essential it is to read the regulations and the requirements in their totality.

What does this mean? Read the regulations and the requirements in their totality. This means literally reading each and every single word – do not summarize or abbreviate the criterion because this is where you get into trouble.

If you do not possess evidence of receipt of a major, internationally recognized award (on the level of a Nobel Prize), in your field of endeavor, you can still qualify for O-1A classification by providing documentary evidence in at least three (3) out of eight (8) alternative criterion, which we will address in the coming weeks.

It is important to note that the vast majority of O-1A recipients that I have worked with (more than 99%) do not have a major, internationally recognized award. These incredibly talented individuals qualify for O-1A classification because they are able to meet at least three of the alternative criterion.

O-1A Deep Dive - Alternative Criterion 2

The regulations state that the beneficiary of an O-1A petition may provide evidence of the “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”. 8 CFR §214.2(o)(3)(iii)(B)(2).

Problem

What’s so difficult about this criterion? Why do so many people get it wrong? To satisfy this criterion, you must make a three part showing:

1. You must be a member of an organization in the field of endeavor;

2. Outstanding achievement is a prerequisite for membership in that organization; and

3. Your achievements have been judged as outstanding by nationally or internationally recognized experts in their field.

Pro Tips

First, let’s cover what USCIS does not accept as satisfying this criterion: memberships based solely on a fee or subscription to a publication/service; membership based solely on experience in the field; and membership that is required for employment (such as union memberships). In my experience, being a member of a board of directors does not satisfy this criterion.

Second, to meet this criterion, you must show that your achievements or contributions to the field have been judged or otherwise recognized as outstanding. This requires documentation about the organization, the different levels of membership (if applicable), the criteria for membership, and evidence that your specific level of membership is one that requires outstanding achievement.

In my experience, most organizations do not meet this criterion, however, there are more organizations in the science and engineering fields that may qualify than there are in the business and education fields. According to USCIS’ Policy Manual, some memberships that may qualify include being a Fellow of IEEE or Fellow of AAAI. I’ve also had clients experience success with other organization memberships as well, and the key to success is providing the documentation showing that outstanding achievement is required.

Third, read the Regulations and USCIS Policy Manual, in particular, “Appendix: Satisfying the O-1A Evidentiary Requirements” carefully and ensure that you are providing documentary evidence that satisfies the entirety of the criterion, not just a summary of what you think it means (or worse, only what you have evidence to show).

Fourth, work with a qualified business immigration attorney who is experienced in representing, preparing and filing O-1A petitions. It is essential to understand the changing definitions, regulatory interpretations and adjudicative priorities of USCIS in order to present the strongest possible petition.