Demand for the prestigious EB-1 visa, often called the 'Einstein visa,' is climbing rapidly. Many Indian professionals are turning to this option as traditional US work visas like the H-1B become harder to secure. A recent CBS News investigation reveals a growing industry of brokers and consultancies marketing services to help applicants qualify for this elite immigration pathway.
Brokers Help Applicants Appear Extraordinary
These brokers promise to make clients eligible for the EB-1 category within months. Their methods include adding names as co-authors on scholarly articles and assisting with obtaining awards or judging roles for a fee. The report indicates that most clients using such services are from India, seeking EB-1A or similar employment-based immigrant visas.
Brokers deny any illegal activity, describing their work as legitimate profile-building. However, concerns are rising about whether some applicants are effectively paying for credentials rather than earning them through genuine achievement.
One Prominent Service Under Scrutiny
The CBS News report highlights an Arizona-based service run by Indian-origin entrepreneur Ranjeet Mudholkar, who holds an EB-1A green card himself. His company claims it has helped 56 individuals successfully obtain visas through its program.
Yet some former participants told investigators they later realized they were 'buying' credentials. Investigators noted that many successful applicants had received honors like the 'Globee Business Award,' which can be obtained through paid nomination processes. They also published articles in India-based journals that charge publication fees.
Responding to these allegations, Mudholkar told CBS News his company does not sell or mandate specific awards, journals, or publications. "Our company does not sell, require, or mandate any specific awards, journals, or publications, nor does it submit evidence without legal review and advisement," he said. He added that participants retain agency over where they publish and suggested some clients may have misunderstood the program, assuming shortcuts that were not offered.
What Exactly Is the EB-1 'Einstein Visa'?
The term 'Einstein visa' is informal and not used by the US government. Officially, it refers to the Employment-Based Immigration: First Preference (EB-1) category under US immigration law. According to US Citizenship and Immigration Services (USCIS), applicants may qualify if they fall into one of three groups:
- An individual of extraordinary ability
- An outstanding professor or researcher
- A certain multinational executive or manager
The extraordinary ability subcategory, known as EB-1A, is most commonly called the "Einstein visa." It targets people already at the top of their professions.
EB-1A Eligibility Criteria for Extraordinary Ability
Applicants must demonstrate sustained national or international acclaim in sciences, arts, education, business, or athletics. They need to present evidence of a major one-time achievement internationally recognized, such as a Pulitzer Prize, Oscar, or Olympic medal. Alternatively, they must meet at least three of ten specified criteria.
These criteria include:
- Receipt of nationally or internationally recognized prizes or awards for excellence
- Membership in associations demanding outstanding achievement
- Published material about the applicant in major trade publications or media
- Evidence of judging the work of others
- Original contributions of major significance to their field
- Authorship of scholarly articles in professional publications
- Display of work at artistic exhibitions
- Performance in a leading role for distinguished organizations
- Commanding a high salary compared to others in the field
- Commercial success in the performing arts
Importantly, no offer of employment or labor certification is required for extraordinary ability applicants.
Other EB-1 Categories Explained
The EB-1 category also includes outstanding professors and researchers and certain multinational managers or executives, each with different rules.
Outstanding professors and researchers must demonstrate international recognition in their academic field and have at least three years of teaching or research experience. They need an offer of employment from a US university or research institution and must meet at least two of six specified criteria.
Multinational managers or executives must have been employed outside the US for at least one year in the three years preceding the petition. The US petitioner must have been doing business for at least one year and intend to employ the applicant in a managerial or executive capacity. No labor certification is required for these categories either.
The EB-1 Application Process
The application process varies by classification. Individuals applying under the extraordinary ability category may file for themselves by submitting Form I-140, Petition for Alien Worker. For outstanding professors and researchers, as well as multinational executives, the US employer must submit Form I-140 on behalf of the applicant.
The employer must prove its continued ability to pay the offered wage. If an EB-1 petition is approved, the applicant's spouse and unmarried children under 21 may be eligible to apply for admission to the United States as dependents.
This surge in interest reflects the challenges many face with traditional visa routes, making the Einstein visa an attractive, though competitive, alternative for those seeking permanent residency in the United States.
