EB-1 Visa: What is the 'Einstein visa' that agents are ‘guaranteeing'? Eligibility, categories — All you need to know

Mint

6 hours ago

EB-1 visa: As the Donald Trump administration's crackdown on visas intensifies, attention is shifting to the EB-1 visa – with the category being touted as a suitable alternative to the H-1B visa, for those who meet the eligibility for the same.
Although the EB-1 visa – colloquially known as the 'Einstein Visa' is reserved for people with 'extraordinary talent' — a report by The Print claims that a growing network of agents offering "guaranteed EB-1 visas" is flooding platforms like LinkedIn, Facebook, and Telegram. As per the report, agents are offering ghostwriting research papers, manufacturing acclaim— all of which give researchers an edge in their visa application.
What is this EB-1 visa that everyone is talking about? What makes a person eligible? Livemint explains.
Colloquially known as the 'Einstein Visa', the EB-1 category is reserved for people who are 'aliens of extraordinary ability', are 'outstanding professor or researchers'.
Donald Trump often uses the term "alien" to refer to non-citizens, especially undocumented immigrants. His usage is typically in the context of border security, illegal immigration, and deportation policies.
The EB-1 visa, meant for the people with 'extraordinary abilities' spans across the three categories, each having its respective set of 'evidence' that a person needs to prove: Extraordinary Ability
Outstanding professors and researchers
Certain multinational manager or executive
EB-1 Category Who can apply Eligibility Extraordinary Ability Applicant must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim
Evidence of one-time achievement such as Pulitzer, Oscar is required, or evidence of 3 of the following: Receipt of lesser nationally/internationally known prizes or awards of excellence
Articles or media coverage about applicant in prominent industry publications or major news outlets
Documentation showing applicant was appointed to judge others' work, either independently or as part of a panel
Evidence of original and significant contributions respective field
Proof of authoring scholarly articles published in respected journals or major industry media
Records showing work has been featured in notable exhibitions or public showcases
Applicant has held a leading or essential role in reputable and distinguished organizations
Documentation of high earnings or substantial compensation compared to others in the same profession
Proof of commercial success in the performing arts
Outstanding Professors and Researchers One must demonstrate international recognition for outstanding achievements in a particular academic field.
Must have at least 3 years experience in teaching or research in that academic arena.
Must be entering United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer.
Applicant needs to meet two of the following criteria:
Proof that you've received major awards or honors in recognition of your exceptional accomplishments Documentation of membership in professional associations that require notable achievements for entry
Articles or publications written by others that discuss applicant's academic work in recognised journals or outlets
Evidence of evaluating peers' works either independently or as part of a review panel, within your academic or related field
Proof of original and impactful research or scientific contributions to the applicant's discipline
Documentation showing the person has authored scholarly books or articles published in internationally circulated academic journals Certain
Multinational manager or executive Must have been doing business for at least 1 year, and have a qualifying relationship to the entity the person worked for outside the US, and intend to employ you in a managerial or executive capacity. Employer must be a US employer and intends to employ the person in a managerial or executive capacity.
For those applying under the Extraordinary Ability category, you need to apply yourself by filing a Form I-140, Petition for Alien Worker, states the USCIS.
For the Outstanding Professors and Researchers category, the US employer is required to fill Form I-140, Petition for Alien Worker. As part of the application process, the employer is also required to demonstrate a continuing ability to pay the offered wage such as annual report, or federal income tax returns.
For Multinational Manager or Executive, the US employer is required to file USCIS Form I-140, Petition for Alien Worker. The employer must also be able to demonstrate a continuing ability to pay the offered wage, as in the case of Outstanding Professors and Researchers.
Although the criteria for EB-1 visa is slightly more demanding than the H-1B visa, the program is a standard means of acquiring a green card to be a US resident.
With the tightening visa rules, the EB-1 visa provides a suitable alternative to H-1B visa for those who meet the required eligibility criteria.