EB1 Green Card 8 C.F.R. 204.5(h) (3) – Have You Been Invited into an Exclusive Professional Membership(s)? *

EB1 Green Card - If you have been invited into any kind of exclusive membership in recognition for your work or achievement in your field then this might be an excellent category for you to consider as one of your three EB1 green card categories. Let us know what you think.

EB1 Green Card - If you have been invited into any kind of exclusive membership in recognition for your work or achievement in your field then this might be an excellent category for you to consider as one of your three EB1 green card categories. Let us know what you think.

Extraordinary Membership

EB1 Check List:

Evidence of Eligibility: 8 C.F.R. 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;

When discussing EB1 green cards we have to look at the issue of membership as this is a key category that the alien can seek to satisfy as one of their three EB1 categories. For EB1 green card purposes, not all memberships are for Extraordinary Ability.

There are many memberships an alien can acquire simply as a result of passing an exam or because you have experience in a given field. In fact, all you have to do is pay your annual membership dues and you’re a member. For example, as an attorney once I passed the State Bar exam I was automatically eligible to apply for membership to the New York State Bar Association. Doctors, Accountants and Engineers, to name but a few, all have to be licensed and regulated by some governing body in order to practice. These memberships whilst acquired as a result of advanced study over many years are not regarded as extraordinary for the purposes of 8 C.F.R. 204.5(h) (3) as they are all acquired by everyone and anyone in the profession.

EB1 Green Card - Think about your past achievements, as I often say, I'm surprised how many clients I've had who forgot they were members of a distinguished organization.

EB1 Green Card - Think about your past achievements, as I often say, I'm surprised how many clients I've had who forgot they were members of a distinguished organization.

There are many similar memberships that go hand in hand with being able to work within a profession, for acting in America they have the SAG card, this is issued by the Screen Actors Guild for aliens looking to work on union jobs within the film industry. In the UK they have the Equity Card for the same thing. These are great memberships but they are not given for extraordinary ability.

Remember, the EB1 green card is available to anyone who can claim that they have risen to the very top of their particular profession and one way to demonstrate this is if the alien has been specifically invited to join illustrious elite alumni of professionals recognized for their outstanding achievements in their field. These memberships are not based on having passed any exam, or acquired simply by paying dues. Often depending on the industry there is some kind of induction ceremony where the alien’s achievements are recited and the alien is ceremoniously officially inducted into membership. Some inductions may be completed just by a letter inviting or notifying the alien that they have been accepted into their membership.  The key distinction for EB1 green card purposes is that the qualifying membership was in recognition for outstanding achievement, service, contribution or development in the field. The organization itself must have a distinguished reputation and some of the alumni may be very well known within the industry or profession.

I hope this outline helps you determine whether this category of the EB1 green card maybe one you might be able to satisfy.  If you think you may have such a membership, when you have completed your review of all of the EB1 green card categories, please get in touch so we can review them before getting the ball rolling.

 

By Attorney Chris M. Ingram 

EB1 Green Card Checklist -
One Time International Award -
National Award -
Invited Membership -
Published Material About You -
Judging -
Innovation -
Scholarly Articles -
Exhibition or Showcases -
Leading / Critical Role -
High Salary -
Commercial Success -

Immigration Law Offices of Chris M. Ingram US Immigration Law Offices of Chris M. Ingram

US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
520 Broadway, Suite 350,
Santa Monica,
California 90401
Tel: 310 496 4292


Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients. 

  

General Location: Santa Monica , Santa Clarita, Los Angeles, California, USA.
Serving all 50 States
Copyright 2010

 

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