The straightforward answer is “Yes, you can apply for an EB-1 visa after being denied other US visas and or change of status (if inside the U.S.).” However, the situation is nuanced. First, it is important to understand the specific reason for the visa denials. Sometimes the denial was based solely on failure to timely submit additional documents. Rather than continuously reapplying for new visas, it is advisable to carefully determine which visa category best fits your situation before submitting a new application.
If previous visa denials were based on the merits of those specific applications, and not due to violations that would trigger bans, then you may still be eligible to apply for an EB-1 visa. An attorney can review your background and provide guidance on which visa option you have the highest chance of qualifying for.
The key is avoiding repetitive applications that have a high probability of denial and instead strategically determining which visa provides the best eligibility path based on your credentials and immigration history. Professional legal advice can prove invaluable in charting an appropriate course of action.
Consulting with an experienced immigration attorney is highly recommended to evaluate your history and provide an informed opinion on which visa you may qualify for and the likelihood of approval.