US First Lady Melania Trump became a US citizen 10 years after she moved from Slovenia to New York in 1996. Back in 2018, a report by The Washington Post – suggesting that she received the EB-1 immigrant visa, dubbed the “Einstein Visa” in 2001 – thrust her legal status into the spotlight.

Cut to this week, the conversation surrounding the former model’s US status once again became a subject of contention at a Judiciary Subcommittee on Immigration Integrity, Security and Enforcement. Dallas Congresswoman Jasmine Crockett questioned the credibility of Melania Trump’s “Einstein Visa” in light of the Trump administration’s ongoing immigration crackdown on multiple levels in the country.

She brought up instances where individuals were being arrested at the very US immigration or citizenship appointments. “The reality of what they’re claiming they want to do vs what they are actually doing, the actions don’t match up,” Crockett said of the ICE raids and other such law enforcement interventions making headlines since Donald Trump came back to office earlier this year.

Jasmine Crockett picks apart Melania Trump’s EB-1 visa

While the “Restoring Integrity and Security to the Visa Process” hearing crossed the 2-hour mark, Jasmine Crockett’s remarks were also separately posted to her official YouTube account for easier access. Social media especially went bonkers with headlines like “Jasmine Crockett just completely destroyed Melania Trump while calling out Trump’s immigration policies” emerged on X.

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“The idea that Trump and my Republican colleagues want to restore integrity and security in the visa process is actually a joke,” the outspoken progressive said during the hearing. “Let me be clear: Integrity is not snatching lawful visa holders off the streets and throwing them into unmarked vans. Integrity is not invoking visas based on social media posts that hurt somebody’s little feelings.”

She continued, “…because kids decide that they want to go after Trump or this administration. We have a thing called free speech in this country.” Driving her argument with “integrity” as main killing point, she drew attention to the alleged lack of clarity surrounding the visas of the Republican leader’s family.

“Melania, the first lady, a model. And when I say model, I’m not talking about Tyra Banks, Cindy Crawford or Naomi Campbell level, applied for and was given an EB-1 visa,” Crockett went on. For the unversed, she detailed how once acquired the “Einstein Visa.”

“You’re supposed to have some sort of significant achievement like being awarded a Nobel Peace Prize or a Pulitzer, being an Olympic medalist or having other sustained extraordinary abilities and success in sciences, arts, education, business or athletics,” she detailed. In the same breath, the Democrat added that the first lady did not have any of these accolades under her belt. “The math ain’t math-ing here,” she reiterated.

Subcommittee takes a swipe at Melania Trump and Donald Trump

As she agreed with similar points made by Alexander Nowrasteh, the vice president for economic and social policy studies and immigration policy analyst at Cato Institute, he answered her question whether people on J and M visas improve the economy. Saying that they generally improve it, he eventually took a dig at Melania Trump.

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“Not everyone could marry Donald Trump and I think that’s quite an achievement,” he said, while sarcastically “defending” the first lady. “I think she deserves credit for that. Nobody up her could have done it.”

Democrat rep accuses Trump admin of xenophobia

Highlighting the underlying “xenophobic” implications at one point during her address, Crockett also noted, “When you start to decide that just because somebody came from another country, they are automatically some kind of criminal that does sound kind of xenophobic to me because you are using a paintbrush to paint an entire group of people where the vast majority of them are coming here because they are actually seeking a better life.”

The Dallas Congresswoman also emphasised that travel bans and visa revocations not only jeopardises national security, but also threatens communities, higher education and economy. She then went on to foreground that largely-vetted visas, including the J-type for higher education and M-type for trade, bring in a group of experts that the US “need to build on American success.”

What does the USCIS say about the EB-1 visa?

According to the US Citizenship and Immigration Services, the ‘Employment-Based Immigration: First Preference EB-1′ is reserved for immigrants with “extraordinary ability.” The official government website details that to demonstrate one’s “sustained national or international acclaim” one must present evidence of a one-time achievement “(major internationally-recognized award) or 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readily apply).”

The criteria list is as follows:

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about you in professional or major trade publications or other major media
  • Evidence that you have been asked to judge the work of others, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
  • Evidence that your work has been displayed at artistic exhibitions or showcases
  • Evidence of your performance of a leading or critical role in distinguished organizations
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of your commercial successes in the performing arts
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Is Melania Trump’s ‘Einstein Visa’ justified?

Contrary to how complicated it may seem, US visa lawyer Susan McFadden at the Gudeon and McFadden law firm in London told BBC in 2018 that one doesn’t need to have a Nobel Prize to snag the “extraordinary ability” visa. Noting how even she had helped people get the EB-1 visa people may have not even heard of, she added, “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.”

She noted at the time that testimonials from someone who is “extraordinary in their own right and has some name recognition” are needed as long as they can attest to the specific achievements of the applicant. “And I’m sure she probably had some pretty significant letters, maybe from Donald Trump,” McFadden said of Melania Trump.

The NYT also quoted Chris Wright, a lawyer in Los Angeles, saying, “The notion that you somehow have to be a genius or Einstein is utter fiction. We have succeeded with models no more accomplished than Melania Trump.” Walker had even helped a racecar driver, hairdresser and a tennis player obtain the visas.