Reports that Melania Trump entered the United States under an EB-1 visa have spurred questions about the way in which these visas are issued. Also referred to as the Einstein visa, the EB-1 program is designed to allow individuals with special skills, advanced educational credentials and extraordinary ability to live and work in the U.S. under a green card. Some critics of the Trump administration have voiced concerns that Melania Trump may have been given special treatment under the EB-1 program.
The Best of the Best
EB-1 visas do not require the sponsorship of an employer or a family member. The competition for these immigrant visas is steep, with fewer than 6,000 granted in a typical year. Athletes, scientists, doctors and economists are among the most common recipients of green cards under the EB-1 visa program. Models, however, are also included as potential recipients, especially if they have an established reputation and a real need to enter the U.S. to pursue their careers.
The Mysterious Final Merits Determination
Applications for EB-1 visas are evaluated by U.S. Citizenship and Immigration Services (USCIS) to determine if the applicants meet three of 10 specific criteria for qualification. Those who meet those criteria are then evaluated through a process known as the final merits determination to decide which applicants will be approved for an EB-1 visa and the right to live and work in the United States. In most cases, applicants should enlist the help of an experienced New York immigration lawyer to complete this paperwork and ensure the highest chance of success.
For those in need of an experienced New York immigration lawyer, Pozo Goldstein offers the most assertive and effective representation in our area. With a former judge and two former immigration prosecutors as part of the Pozo Goldstein team, we can provide you with the best options for resolving your immigration issues and staying on the right side of the legal process. Give us a call today at 212-201-9031 to schedule a free consultation in our New York office. Our team of knowledgeable and professional New York immigration lawyers is ready to help you protect your right to remain in this country and to pursue your own version of the American dream.