Melania Trump's EB-1 visa back under spotlight, Congress questions her ‘extraordinary ability’; Can you get an EB-1 visa?

A recent congressional hearing has reignited scrutiny over First Lady Melania Trump’s path to U.S. citizenship, specifically her approval for the prestigious EB-1 visa, commonly dubbed the “Einstein visa.”

At the House hearing on “Restoring Integrity in the Visa Process,” Rep. Jasmine Crockett (D-TX) criticised the Trump-era crackdown on legal immigrants while highlighting what she sees as a double standard in Melania's immigration path.

“Melania, the first lady, a model, when I say model, I am not talking about Tyra Banks, Cindy Crawford, or Naomi Campbell-level, was applied for and given an EB-1 visa,” Crockett said.

Crockett’s remarks referred to the EB-1 visa’s strict requirements for “extraordinary ability,” typically granted to individuals with Pulitzers, Olympic medals, Nobel prizes, or global recognition in their field.

“Last time I checked, the first lady had none of the accolades under her bell. Doesn’t take an Einstein to see that the math ain’t mathin here,” she said. 

How did Melania get her EB-1 visa?

Melania Trump, then Melania Knauss, began applying for the visa in 2000 while working as a model in New York and dating Donald Trump. She was approved in 2001, one of just five Slovenians to receive the EB-1 that year, according to The Washington Post.

Though Melania had appeared in high-profile shoots, including British GQ and the Sports Illustrated swimsuit edition, her modelling résumé lacked the accolades typically expected of top-tier applicants. Critics have long questioned how she met the EB-1’s eligibility bar.

Still, Melania gained U.S. citizenship in 2006, later sponsoring her parents for green cards. Ironically, Donald Trump has since campaigned against the same family reunification model his wife used.

What is the EB-1 visa, and how can you qualify?

The EB-1 visa is a first-preference, employment-based visa for immigrants with exceptional qualifications. According to U.S. Citizenship and Immigration Services (USCIS), “You may be eligible... if you are an alien of extraordinary ability, an outstanding professor or researcher, or a certain multinational executive or manager.”

The EB-1 visa includes three subcategories:

EB-1A (Extraordinary ability)

For individuals in science, arts, education, business, or athletics who can demonstrate “sustained national or international acclaim.” Applicants must either win a major award or meet three of ten criteria, including media coverage, original contributions, and evidence of leading roles.

EB-1B (Outstanding professors and researchers)

Requires at least three years of teaching or research experience and international recognition. The applicant must have a permanent job offer from a U.S. institution.

EB-1C (Multinational executives and managers)

Targeted at professionals employed abroad for at least a year by a company with U.S. operations. This category involves employer sponsorship and typically has a quicker processing time.

The EB-1 visa remains one of the few high-skilled immigration options not subject to annual lottery caps, unlike the H-1B visa. For 2025, around 40,000 EB-1 visas will be issued across the three categories.