EB-1A Criterion ii of 10 1,015 cases

Membership in associations —
what the AAO actually requires

Regulatory language: "Evidence satisfying criterion ii under the EB-1A regulatory framework." — 8 CFR 204.5(h)(3)(ii)
Cases indexed
1,015
where this criterion was addressed
Met rate
8%
found met in 77 of 1,015 addressed cases
Most common error
Dismissed
without assessing selectivity
Trend
+5pp
win rate up vs. 2024
Evidence patterns — what moves the needle
Not enough alone

Dismissed · 2022 Memberships in China Fisheries Association and an Aquafarming Association were claimed. The China Fisheries Association lacked official bylaws or documentation of membership criteria. The Aquafarming Association bylaws required 'outstanding influence or outstanding talents' rather than 'outstanding achievements as judged by recognized national or international experts,' which did not satisfy the regulatory language.

Dismissed · 2025 Petitioner claimed membership in FMA and Boston Business Women, but provided no evidence that either organization requires outstanding achievements of members as judged by recognized national or international experts. FMA membership was listed as 'Professional (Academic or Practitioner)' with no eligibility requirements shown; Boston Business Women membership was a $3/month subscription.

Dismissed · 2025 Petitioner claimed membership in CFA Institute, INAP, ASPPA, ICMA, FEI, FPA, and College of Metropolitan Economists. Evidence did not show the associations required outstanding achievements of members, or that her membership level required such achievement (e.g., FPA Allied Professional only requires working in the field and paying dues; ICMA membership level could not be determined).

Dismissed · 2015 Petitioner only shown to be registered as a Senior Support Climber, not a formal member under any of the five membership types in the constitution; general membership requirements relate to training and experience, not outstanding achievements; committee members not shown to be recognized national/international experts; instructor certification not a qualifying membership category.

Officer error patterns — how cases get remanded
AAO reversed the Director on this criterion2020

Director found this met without comment, but AAO reversed. None of the five claimed associations were shown to require outstanding achievements judged by recognized national or international experts at the petitioner's membership level. ASPET 'regular' membership requires only 'meritorious' (not 'outstanding') work, and no expert judging of applicants was shown.

AAO reversed the Director on this criterion2020

Director had found this criterion met for ACM and IEEE senior membership, but AAO withdrew that finding. ACM requires only a bachelor's degree or 2 years experience, and IEEE Senior Member requires 10 years experience plus publication, neither of which rises to 'outstanding achievements' judged by recognized national/international experts.

AAO reversed the Director on this criterion2019

Director found criterion met; AAO reversed. Letters from association mirrored regulatory language but lacked bylaws or official documents showing membership requires outstanding achievements judged by recognized national/international experts. Recommenders not established as qualifying experts.

AAO reversed the Director on this criterion2021

AAO found the Director should have addressed letters from SBC members, but still found criterion not met because the letters lacked sufficient specificity about membership requirements and did not establish that the review commission consists of recognized national or international experts.

Cases on this criterion
Remanded2022 · MAR112022_01B2203

The AAO remanded this EB-1A petition for a fund manager back to the Director after finding multiple…

The AAO remanded this EB-1A petition for a fund manager back to the Director after finding multiple legal errors in the

Dismissed2017 · AUG112017_02B2203

A bodybuilding promoter's motions to reopen and reconsider his denied EB-1A petition were both deni…

A bodybuilding promoter's motions to reopen and reconsider his denied EB-1A petition were both denied because he failed

Dismissed2026 · JAN232026_04B2203

The AAO dismissed a seventh combined motion to reopen and reconsider an EB-1A petition for an accou…

The AAO dismissed a seventh combined motion to reopen and reconsider an EB-1A petition for an accounting and tax consult

Remanded2024 · JAN232024_01B2203

AAO remanded this EB-1A petition for a global security expert because the Director improperly dismi…

AAO remanded this EB-1A petition for a global security expert because the Director improperly dismissed a timely motion

Dismissed2021 · APR162021_02B2203

A collaborative pianist's EB-1A appeal was dismissed because he could only demonstrate two of the r…

A collaborative pianist's EB-1A appeal was dismissed because he could only demonstrate two of the required three evident

Remanded2026 · JAN052026_01B2203

The AAO remanded this EB-1A petition for a senior staff software engineer back to SCOPS because SCO…

The AAO remanded this EB-1A petition for a senior staff software engineer back to SCOPS because SCOPS reversed two previ

Dismissed2018 · JAN242018_03B2203

A competitive judo and jiu-jitsu wrestler from Kazakhstan sought EB-1A classification but fell shor…

A competitive judo and jiu-jitsu wrestler from Kazakhstan sought EB-1A classification but fell short, meeting only one o

Dismissed2015 · FEB272015_01B2203

A table tennis coach's EB-1A petition was dismissed after she failed to meet even three of the requ…

A table tennis coach's EB-1A petition was dismissed after she failed to meet even three of the required evidentiary crit

See all 1,015 criterion ii cases →