The EB-1 visa is known as the “Einstein visa.” It has recently gained significant attention on various online platforms. Professionals from around the world are increasingly interested in this visa, and some are promoting it as a “quick and easy” pathway to obtaining a U.S. green card.
Potential applicants for the EB-1 should be cautious of claims suggesting guaranteed approvals, as these may be linked to fraudulent activities. Given the heightened scrutiny of all U.S. visa programs during the current Trump administration, foreigners should consider more regulated pathways to a U.S. visa, such as the EB-5 Immigrant Investor Program.
What is the EB-1 visa, and what could go wrong with the application?
The EB-1 is a U.S. employment-based visa reserved for individuals who can demonstrate extraordinary ability in fields such as science, arts, business, education, or athletics. It is also open to outstanding professors, researchers, and certain multinational executives.
Unlike the H-1B, the EB-1 can lead directly to a green card and may not require a job offer under some categories.
US immigration attorney Renata Duarte explains that quick EB-1 applications are not for everyone. “Speed only comes to those who clear a very high bar. Because EB-1A petitions do not require a job offer and skip the PERM labor certification, they can reach approval in as little as 15 business days with premium processing.”
EB‑1A petitions are reserved for “that small percentage who have risen to the very top of their field. To qualify, a self‑petitioner must submit either proof of a one‑time, major, internationally recognized award, for example, a Nobel Prize, or evidence that they satisfy at least three of ten regulatory criteria, including lesser nationally or internationally recognized prizes, membership in associations requiring outstanding achievement, major media coverage, judging the work of others, original contributions of major significance, scholarly authorship, exhibitions, leading or critical roles, commanding a high salary, or commercial success in the performing arts. Once the initial evidentiary threshold is met, USCIS performs a ‘final merits determination’ to decide whether the total record shows sustained national or international acclaim and that the applicant will continue work in the field to benefit the United States”.
This fast-track feature has made it attractive, but it is ripe for exploitation. In recent months, visa consultants have begun offering services to “build” a candidate’s EB-1 profile. However, these services could be considered a scam by US authorities:
- Ghostwriting academic publications
- Fabricating media coverage
- Exaggerating awards and achievements
- Pay to be featured in media
- Paid letters of recommendations
- Participation in pay-to-play conferences
While these offers may seem appealing to individuals eager for U.S. entry, they pose a significant legal risk, as U.S. immigration officials are tightening review procedures, particularly for EB-1 petitions with questionable documentation.
Additionally, U.S. immigration attorneys and industry experts are raising concerns over the increasing number of applicants being misled into believing that the EB-1 visa is accessible through artificial profile building. While high-profile stories, such as Melania Trump’s own EB-1 case, have reignited interest, they also highlight the scrutiny around this visa category.
Oliver Yang from Reid & Weise, LLC, cautions about the risks associated with these schemes. “In recent years, there has been an EB-1 frenzy—especially on social media—marked by a flood of clickbait-style advertisements. Many of these ads lure clients with misleading promises such as “low-cost immigration to the U.S.,” often encouraging applications based on exaggerated or fabricated documentation. These schemes are typically promoted without any regard for the potentially devastating consequences of fraud or misrepresentation findings. In my opinion, one should exercise extreme caution when dealing with non-attorneys who promise guaranteed approvals or offer to falsify credentials.”
Many who fall into these schemes later discover that the process is not only more rigorous than promised — it can also have long-term consequences if misrepresented. Submitting fraudulent claims can result in visa denial and long-term immigration consequences, including bans on applying to other U.S. residency options.
Duarte cautions: “Amid the recent wave of social‑media advertising ‘fast’ or ‘guaranteed’ EB‑1 approvals, USCIS’s Avoid Scams portal reminds the public that no practitioner can guarantee an outcome and that only U.S. attorneys in good standing or DOJ‑accredited representatives may give immigration advice. The EB‑1A process described above is not appropriate for every client. Retaining a licensed attorney provides greater assurance because attorneys are bound by professional rules of conduct and will not market or sell one‑size‑fits‑all solutions.”
The EB-5 visa’s regulation makes it a reliable and sustainable alternative
For high-net-worth individuals seeking U.S. residency, the EB-5 Immigrant Investor Program provides a legal pathway to a green card, supported by the EB-5 Reform and Integrity Act (RIA) of 2022, which was enacted to enhance the program’s safety and reliability.
This visa option requires a minimum investment of $800,000 in a qualified project located in a Targeted Employment Area (TEA), and the process is subject to strict government oversight, rather than personal accolades.
Unlike the EB-1, the EB-5 does not rely on subjective criteria, such as media coverage or awards. Instead, it focuses on the investors’ ability to invest and create U.S. jobs. It also allows the applicant and their direct family members the opportunity to obtain a green card relying on legal documentation and a source of funds.
Learn More About the EB-5 Visa!
To explore your eligibility or better understand how the EB-5 program works, visit our EB-5 Visa Overview or contact our team for resources and guidance.
DISCLAIMER: The views expressed in this article are solely the views of the author and do not necessarily represent the views of the publisher, its employees. or its affiliates. The information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question.
