I am currently in J-1 status and subject to the two-year home country residence requirement. If I apply for an EB-1 and get it approved, is my J-1 home country requirement waived?
No, a J-1 waiver and an EB-1 are two different things. A J-1 waiver is an application to waive the two-year home country residency requirement. An EB-1 is an immigration petition. Even if your EB-1 is approved, you are still subject to the two-year requirement. You need to either obtain a J-1 waiver or satisfy it before you may adjust your status to a permanent resident. 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 petit
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