The EB-1 visa provides a pathway for immigrants with exceptional skills or abilities to gain employment in California. Given California’s need for workers in the technology, medical, and science fields, the visa serves a critical role in supporting and growing the state’s economy. If you are an employee or employer seeking to use this pathway to work in the U.S., you may be wondering, “What are the requirements for an EB-1 visa in California?”
Requirements for an EB-1 Visa in California?
The EB-1 visa is designed for individuals who have achieved exceptional professional success and wish to work in the United States. More than 9,600 employers in California sought approval for at least one worker to come to the state under the program in 2024. California is home to innovative and critical industries in technology, science, entertainment, and more. It comes as no surprise that many successful individuals abroad seek or are requested to work here for those reasons.
Applicants must prove sustained national or international acclaim. This can often be demonstrated by achieving major awards or meeting the criteria in the following categories.
- Membership in organizations that require outstanding achievement.
- Professional publications or media coverage about the applicant.
- Acting as an evaluator of others’ work.
- Original contributions of significant importance.
- Authorship of scholarly work.
- Participation in exhibitions or showcases.
- Holding a leading role in a distinguished organization.
- Commanding a high salary relative to peers.
The benefits work both ways. Many successful scientists, actors, and artists abroad view obtaining EB-1 visa status as a significant achievement for their personal careers. By working in the most revered communities associated with their profession, such as Silicon Valley or Hollywood, they can leverage their time spent in the United States. For businesses, having access to high-quality talent can help their programs benefit from the visa holder’s past experience and unique skill sets.
Employers also carry responsibilities under the EB-1 program. They must be able to demonstrate a legitimate offer of employment, maintain proof of their continuing ability to pay the required wage, and show that the position meets the qualifications of the EB-1 category. Documentation such as annual reports, audited financial statements, or tax records may be required to verify the employer’s eligibility.
Must-Know Immigration Statistics
Even with recent restrictions on certain types of immigration, the U.S. remains a country that relies on immigrants to sustain its growing economy. As of 2023, the U.S. was home to 47.8 million immigrants, which accounts for 14.3% of the country’s population. U.S. Citizenship and Immigration Services welcomed 818,500 new citizens in 2024, but that marked a 7% decline from the prior year.
Employers face new financial costs under a new White House proclamation imposing a $100,000 fee on certain new H-1B petitions. In California, these cases are heard at immigration courts, such as the Santa Ana Immigration Court located at 1241 East Dyer Road, Santa Ana, CA 92705.
Why You Should Hire an Immigration Lawyer
If you are seeking employment under the EB-1 visa program in California, your top priority should be to hire an immigration lawyer. With representation from an attorney who understands immigration laws and how to navigate immigration cases, you can prepare for the application process with confidence.
A California immigration attorney can carefully listen to your goals and review your background to see if you qualify under the unique visa program. If you are an employer, it is critical that you are actively involved in the process as well. Legal representation ensures that you qualify for the program and stand the strongest chance possible for successfully gaining entrance to the United States under this highly respected program.
FAQs
Who Qualifies for an EB-1 Visa?
The EB-1 visa program is reserved for individuals who have attained exceptional achievements and recognition in areas like science, business, education, and the arts. Examples include highly accomplished professors or researchers. Multinational executives or managers may also be eligible for the program. Applicants must provide extensive evidence of their achievements and meet strict criteria.
Is an EB-1 Visa Hard to Get?
Yes. The EB-1 visa is highly sought after, and even qualified applicants may be denied immigration status under the program. Applicants must meet multiple criteria, such as receiving noteworthy awards. While the program is considered difficult to qualify for, it also offers one of the fastest and most direct routes to obtaining green card status in the United States.
How Much Salary Is Needed for EB-1?
There is no set salary that qualifies for gaining EB-1 visa status, but having a high salary relative to other individuals in your field can be seen as a sign of your success. Employers must demonstrate their ability to pay the salary of someone entering the program. The applicant’s salary is just one of many factors that are reviewed and considered under the EB-1 visa program.
How Long Does It Take to Get a Green Card With an EB-1 Visa?
The processing time for the EB-1 visa varies, but it is one of the more efficient ways for gaining visa status in the U.S. The specific timeline depends on the workload of USCIS at the time of your application. Some applications may be approved within several months. Physically receiving a green card can take additional time. An immigration attorney can streamline the process, minimizing the chances that your application will be delayed.
Hire an Experienced Immigration Lawyer Today – U.S. Law Center
The requirements for an EB-1 visa in California are demanding, but they offer a pathway to lawful permanent residence for individuals who demonstrate extraordinary ability, outstanding academic achievement, or leadership in their field.
At U.S. Law Center, our team has the knowledge and experience to guide clients through every stage of the EB-1 process. We work closely with professionals and employers to build strong cases that meet federal criteria and withstand scrutiny. Contact our office today to discuss your eligibility and begin the process with confidence.