Melania Trump and the Einstein Visa

[pauldun170]

Below is the touching story of how a Slovenian genius convinced an idiot to write a letter saying how fantastic she is.

Melania Trump obtained US citizenship on a visa reserved for immigrants with "extraordinary ability" and "sustained national and international acclaim", according to a report in the Washington Post.

Nicknamed the "Einstein Visa", the EB-1 is in theory reserved for people who are highly acclaimed in their field - the government cites Pulitzer, Oscar, and Olympic winners as examples - as well as respected academic researchers and multinational executives.

Mrs Trump began applying for the visa in 2000, when she was Melania Knauss, a Slovenian model working in New York and dating Donald Trump. She was approved in 2001, one of just five people from Slovenia to win the coveted visa that year, according to the Post.

Becoming a citizen in 2006 gave her the right to sponsor her parents, Viktor and Amalija Knavs, who are now in the US and in the process of applying for citizenship.

The reports of how Mrs Trump obtained her EB-1 visa will rankle with some, at a time when her husband is railing against immigrants and attempting to scrap the right of new citizens to sponsor family members. And questions have been raised about her suitability for the extraordinary ability category.

But just how hard is it to get an EB-1, and should she have made the cut?

• Melania Trump: The unusual, traditional First Lady

Mrs Trump came to the US in 1996, first on a tourist visa and then a string of working visas for skilled immigrants, according to her lawyer. She was working as a model in New York when she met Mr Trump at a party in 1998, a relationship that considerably raised her celebrity profile.

Before applying for a green card - which grants permanent residency - she had worked as a runway model in Europe and featured to a limited extent in UK and US magazines.

She appeared on the cover of British GQ on a fur rug in Mr Trump's private jet, and in the swimsuit edition of Sports Illustrated in the US. She was not a top international model.

To obtain an EB-1 for extraordinary ability, an immigrant has to provide evidence of a major award or meet three of 10 criteria proving excellence in their field. The criteria include coverage of the applicant in major publications, original and significant contributions to a field, and work displayed at artistic exhibitions.

The government guidance for applicants cites Nobel prizes and international acclaim, but the reality is often more prosaic, said Susan McFadden, a specialist US visa lawyer at the Gudeon and McFadden law firm in London.

"You do not have to be a Nobel prize winner to get the extraordinary ability visa. I've gotten EB-1 visas for people you've never heard of and never will," she said.

"An experienced lawyer knows what the US citizenship and immigration services is looking for, and how to bring out of the client's background things that will be attractive to the agency."

Securing an EB-1 is often about defining a field, Ms McFadden said, in the hope of proving the client is outstanding in that field. Trying to prove your client is an outstanding businessman puts them up against Richard Branson. Proving they are outstanding within alternative asset commercial finance management? That's less difficult.

Ms McFadden said she had secured EB-1s for a range of diverse specialties, from coaching a specific football position to scientific ballooning. The trick was to define a field narrow enough to excel in, she said, but not too narrow that immigration authorities won't take it seriously.

But where does that leave Mrs Trump? She does not appear at the time to have excelled in a niche area of modelling, nor won awards or had her work written about in significant publications.

Her lawyer has declined to publish details of her application, so we can't know what she submitted as evidence. But she may have been boosted by high-profile testimonial letters, said Nita Upadhye, a US immigration specialist at NNU Immigration Law.

Testimonials form part of the application, and the more high-profile the reference the more weight it carries. If Mrs Trump, already dating Mr Trump at the time she applied, secured letters from luminaries in fashion, that would be significant, Ms Upadhye said.

"If you're in the acting world, and Quentin Tarantino or Steven Spielberg writes a letter saying you're the next best thing, that can be very persuasive," she said.

"It's about getting testimonials from someone who is extraordinary in their own right and has some name recognition, but who can also attest to specific achievements of the applicant. And I'm sure she probably had some pretty significant letters, maybe from Donald Trump."

Ultimately though, lawyerly creativity aside, it comes down to the applicant, she said.

"You could get a letter from President Obama, and that certainly would look impressive with his letterhead. But if he can't say something significant about your achievements, it won't cut it."
http://www.bbc.com/news/world-us-canada-43256318

 

[cytg111]

Obama. Kenya. Space aliens. Nuff said.

 

[dank69]

This was a good use of the rule because now we have her to protect us all from bullies and bring about and end to bullying for good.

 

[zinfamous]

From what I recall, this type of VISA has actually been granted, specifically, to models from other nations. ...I don't quite get it, but for some reason the girls in this industry have special provisions to obtain these VISAs through this clause. Something about their special and unique achievement in their industry. I think it allows them to work and travel a bit more freely because their jobs are truly international, and especially because New York city is, I think, the accepted capital of the industry (next to Paris).

I don't think Melania received any special favors that haven't been granted to other international models. Well, maybe she wasn't a particularly special model with the kind of clout that others have, but this is more about access to skilled lawyers that know the system, imo.

 

[DaveSimmons]

Was she able to meet privately with the men who approved her visa to provide evidence of her talent?

If not, perhaps Trump was able to supply them with a suitcase full of papers to support her case? Low denomination and not sequential of course.

 

[Puffnstuff]

Was she able to meet privately with the men who approved her visa to provide evidence of her talent?

Perhaps.

 

[1sikbITCH]

Yes and now she is engaged in chain migration. You let one of them over, and pretty fucking soon they are running the country!

 

[pauldun170]

From what I recall, this type of VISA has actually been granted, specifically, to models from other nations. ...I don't quite get it, but for some reason the girls in this industry have special provisions to obtain these VISAs through this clause. Something about their special and unique achievement in their industry. I think it allows them to work and travel a bit more freely because their jobs are truly international, and especially because New York city is, I think, the accepted capital of the industry (next to Paris).

I don't think Melania received any special favors that haven't been granted to other international models. Well, maybe she wasn't a particularly special model with the kind of clout that others have, but this is more about access to skilled lawyers that know the system, imo.

From https://www.peerallylaw.com/en/content/view/588

1. 
   

   [*]B1 Visas- It has been a very common practice to invite individuals associated with entertainment and media industry on B-1 multiple-entry Visa as this Visa is commonly used for foreign nationals visiting the US for business purposes. This Visa may be issued for up to 10 years but the visa holder will normally be admitted to stay in US for 6 months at a time. This visa is very suitable for individuals such as singers, artistes and models who often visit US as a part of troupe performing shows and concerts for a brief period which generally does not exceed a period of 6 months.
   [*]H1B visas –Generally, the H-1B visa program is used by U.S.employers to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. One of the sub-category, H-1B3 , is available for fashion models of prominence. Models of distinguished merit and ability are qualified for this category of visa. Famous and outstanding models may use this visa to enter and work in the United States for a maximum of 6 years.

vs

• 3. EB1A Category: If you are an artist, musician, actor or other entertainer of national or international repute, recipient of reputed awards in your field of art, then EB1A category may be one of your options. An EB1A is an immigrant visa in the EB1 category that is reserved for foreign workers of extraordinary ability in the sciences, arts, education, business or athletics. There is only one criteria, to be established, “sustained national or international acclaim.”

The standard for EB1A is high, and reserved for those who have proven to be amongst to top few percent in their field. The easiest way to prove eligibility is to show that you possess a major international award of renowned repute. Most people do not possess such an award, and may establish eligibility by providing at least three out of a group of several acceptable pieces of evidence including: proof of lesser national or international prizes of excellence, published material of your excellence in major publications, evidence of commanding exceptionally high compensation, etc.

 

[DaveSimmons]

evidence of commanding exceptionally high compensation, etc.

Perhaps the prenup from Trump listed the payments for services to be rendered.

 

[MomentsofSanity]

Perhaps the prenup from Trump listed the payments for services to be rendered.

But how does one place a value on one's soul?

 

[Bitek]

Was "willing to be impregnated by a wealthy, aging dotard" one of the necessary qualifications, or does she have to compete in the talent portion of the event?

 

[pauldun170]

But how does one place a value on one's soul?

Easy
Buy one of these - https://www.staples.com/Pricing-Tagging-Guns-Labels/cat_CL209033
Take it to one of the stores where they sell Jesus candles and ask for a blessings candle and a money tree candle.
Melt both and mix the wax.
Bring wax and price gun to a church and have a priest rub the wax on the price gun.
Last time a soul was sold on ebay, it went for $400 which is 560 in 2018 dollars.
Adjust price to reflect limited number of souls available in todays market but not too high since it really is just a novelty item.
The challenge will be in marketing. Getting the hype going to see how much you can inflate the price.
Load that price up on to the label\price tagger.
Tag somebody.

 

[Greenman]

Perhaps.

I'd have let her in the country based on that one pic.

 

[tweaker2]

Was "willing to be impregnated by a wealthy, aging dotard" one of the necessary qualifications, or does she have to compete in the talent portion of the event?

I've heard it said the one of the required events in the talent portion of the contest is the very competitive sucking the golf ball through the garden hose segment. Simply awesome what those models are capable of.

 

[Moonbeam]

As somebody with experience in bring foreign bombshells into the country, I find it hard to be judgmental.

 

[Hugo Stiglitz]

How much better of a president would Melania make than Trump, any Trump?

 

[TheVrolok]

I know about 4 people who have gotten EB1s. I would like to think their contributions have been meaningful.

 

[HomerJS]

I know about 4 people who have gotten EB1s. I would like to think their contributions have been meaningful.

Just to compare, what do they do for a living?

 

[TheVrolok]

Just to compare, what do they do for a living?

They're physicians. The EB1 is based on their contributions to global medical literature. They have to be well published (not a few case studies, we're talking original research along with systematic reviews, meta analyses, oral presentations at national conferences, etc.). These guys are now doing their fellowships at Mayo, Yale, Penn, and gosh, I can't remember the last one but it's somewhere in NY.

 

[HomerJS]

They're physicians. The EB1 is based on their contributions to global medical literature. They have to be well published (not a few case studies, we're talking original research along with systematic reviews, meta analyses, oral presentations at national conferences, etc.). These guys are now doing their fellowships at Mayo, Yale, Penn, and gosh, I can't remember the last one but it's somewhere in NY.

Well its clear Melania belongs in that group! /s