Non-American here (apply American knowledge to whatever suggestions put forward). Will be broken up over several posts.
>1. WHO GETS IN, WHO DOES NOT
I think 'who' is irrelevant here, and would already be covered in criterion below.
>2. WHAT CRITERIA ALLOWS ENTRY
1. Individuals who are self-evidently children (if a 'child' is indistinguishable from an adult, they are assumed mature enough and do not fall under the 'child' category, unless they are able to provide documentation that proves age).
2. Individuals who have clearly suffered from abuse and/or neglect, mistreatment, torture, or any other malfeasant activity. Abuse is defined as:
2a. Evident physical injury, medical history or historic injuries that indicate abuse (EG multiple broken limbs that have healed badly, etc), and/or
2b. Evident sexual abuse (demonstratable with physical injury or injuries consistent with rape), and/or
2c. Extremely evident mental trauma (EG clear inability to function when under observation) as determined by a psychologist, and/or
2d. Evidence of having been a victim of an abusive crime (EG filed criminal paperwork with a given country or jurisidiction's law enforcement department).
2e. With final referral, in the event of doubt, to an immigration judge who may rule that on the weight of probabilities they were a victim of abuse or mistreatment.
3. Having provided service to the US externally, either:
3a. In the capacity of aiding law enforcement (EG whistleblower, providing documentation) and/or,
3b. In the capacity of aiding US military [any division] (EG translator, local guide, life saver) and/or
3c. Otherwise publily notable or meritable achievement that has directly assisted the US.
[Intelligence agencies are explicitly excluded from this section as they may use it to bring over saboteurs/deepstate tactics.]
4. Immediate biological family [for individuals accepted under another visa condition] (non-transferrent):
4a. Non-transferent means that if a biological family member applies under this section, they are not transferred the rights under this section (to prevent daisy-chaining), as-in, they cannot then offer the same to other biological members of family
4b. Biological means genetically related to within a reasonable degree (half-brothers, half-sisters etc allowed)
4c. Immediate means either directly above (EG parents) or directly below (EG children)
4d. In the event of doubt about biological relatedness, a DNA test will be mandated. Refusal means denial of visa.
5. Married couples [for individuals accepted under another visa condition] (non-transferent).
5a. This assumes a total maximum of 2 people.
5b. Non-transferent means if one member of the married couple divorces, and they weren't the original visa applicant, they cannot then marry someone abroad and use this section to pull them across.
6. Political (EG dissenter, whistleblower, etc)
6a. People being persecuted politically, religiously, or for views expressed (EG dissent against government)
6b. That are not attempting to incite criminal acts (EG calling for murder, destruction)
6c. That have a credible threat to life, liberty, health, freedom (EG they must prove to some limited extent they are indeed persecuted, or it must be a self-evident truth).
6d. In the event of doubt, referral to an immigration judge to weigh the reasonable probabilities of harm.
7. Has a required skillset
7a. Skillset here is assumed to be any ability, trait, knowledge or other that is in demand in the US
7b. The skillset in question must NOT be one that could be filled by hiring and training locally
7c. Must serve an appreciable benefit to the US
7ca. Appreciable here means 'at least somewhat noticeable' (knitting might be considered a required skillset, but it's doubtful if it'd be appreciable. A specialist neurosurgeon however would be appreciable)
7cb. Benefit means positive outcome (so for example, a specialist assassin would not have a positive outcome)
7d. A company must clearly demonstrate an on-going attempt to recruit for said skill within the US within a publicly accessible domain (EG taking out a type-1 font in a newspaper or posting internally isn't 'publicly accessible', but taking out a TV advert or radio broadcast or posting on a public website would be).
7e. They must accept candidates locally who could be reasonably trained to such a level (for example, a junior engineer to train as a senior engineer).
8. Presidential exception
8a. The president may grant a single individual per year leave to permanently remain, which may resolve unforeseen events or consequences.
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