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Lawmakers Scrutinize EB-1 ‘Einstein Visa’ After Melania Trump Hearing

Lawmakers have spotlighted the program’s discretionary approval process as agents in India aggressively market ‘guaranteed’ applications.

O-1 and EB-1 visas: Check eligibility, categories and more
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All about the "Einstein visa" hype.  | Image: Shutterstock

Overview

  • During a June 25 House Judiciary hearing, Rep. Jasmine Crockett challenged Melania Trump’s 2001 EB-1 approval, arguing that her modeling career lacked the sustained acclaim the visa demands.
  • Immigration lawyers and USCIS guidance confirm that EB-1 adjudications rely on officer discretion and do not require Nobel-level awards, raising questions about consistency.
  • USCIS continues vetting applications under tightened scrutiny even as it issues roughly 40,000 EB-1 visas annually, with significant backlogs driven by demand from India and China.
  • Visa agents in India have intensified campaigns promising “guaranteed” EB-1 approvals through tactics like ghostwriting research papers and fabricating media coverage.
  • Critics warn that the EB-1’s subjective criteria and limited quotas create loopholes for exploitation, challenging efforts to balance elite talent recruitment with procedural integrity.