Q: If I am not a member of any professional association, organization, or society in my field, may I still apply for an EB-1? If my petition for EB1-EA is unsuccessful, can I apply again in the future?
A: There is no specific requirement that you must be a member of any professional association, organization, or society in order to apply or obtain approval of an EB-1 petition, although in many instances such memberships would help improve chances of your approval.
If your petition for EB1-EA is unsuccessful, you can apply again in the future. A previously rejected petition does not bar you from submitting another petition subsequently, regardless which classification is concerned. However, Unless your circumstance has improved, it is not advisable to simply submit a similar petition again. You will not be able to claim the priority date of the previous petition. But unless the 6 year maximum of your H-1B visa is approaching, losing a priority date is not always an issue, because there is no waiting line for a visa number in EB-1 classifications for most time.
Q: Does an artist or musician qualify for an EB-1? I am not a member of any art professional organizations in my field, but may join by paying a membership fee. Should I join some art professional associations now in order to increase my chances of approval for an EB-1?
A: Yes. Artists and musicians may apply for an EB-1.
You may join some art professional associations now in order to increase your chances of approval for an EB-1. But the evidence that would support an EB-1 petition is membership in an association, organization, or society requiring "outstanding achievement" of its members. If the professional association is relatively easy to join, it may not be a factor in your EB-1 case.
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