EB-1A - Evaluating Your High Salary or Other Significantly High Remuneration

If you’re considering applying for an EB1A visa, which is designated for individuals with extraordinary abilities, you might be wondering how high salary or other significant remuneration plays a role in your application. Understanding how to leverage your financial success can be pivotal in meeting the EB1A criteria. To satisfy the 9th of the 10 EB-1A criteria, you must demonstrate that you command a high salary or other significantly high remuneration compared to others in your field. This blog post provides tools to help you evaluate whether you can make a strong case for meeting this criterion.

The Role of High Salary in Your EB-1A Petition

Applicants commonly cite the “high salary or other significantly high remuneration” criterion, which is relatively straightforward. While a high salary may not carry as much weight as other criteria, such as a critical role or original contributions, it can serve as strong supporting evidence. It reflects how your contributions are valued within your field. Generally, compensation is often tied to your impact on your industry, and USCIS is open to considering this as proof of your extraordinary ability.

Although the impact of this criterion may not be as substantial as others, the evidence is usually consistent from one petition to another and is often readily available. Therefore, if you are well-compensated, this can be an effective way to strengthen your petition. Additionally, USCIS is accustomed to the types of evidence presented for this category since most professionals receive similar compensation, regardless of their location.

Evaluating Whether You Meet This Criterion

To determine if you meet this criterion, start by comparing your compensation to that of professionals at your level of expertise within the same or a similar field. If you consistently earn more than your peers, you likely have a strong case for meeting this criterion.

However, it’s essential to prove that your salary or other forms of remuneration are significantly higher than those of others in your field. You can approach this by providing geographical comparisons, showing that you are paid more than others in your region, or by comparing your salary to professionals across the United States or your home country for nonimmigrants. Typically, your evidence will be based on available statistics from the region where you work (or, if you are in a foreign country, from your area of employment).

Key Questions and Evidence Preparation

USCIS officers may ask questions such as:

• Is there documentation showing you command a high salary or other significantly high remuneration?
• Is your compensation significant compared to others in your field?
• What is your salary?
• What other remuneration do you receive?
• Why do you have a high salary?
• Is your salary high compared to similar professionals in your area of employment or across the United States?

To satisfy this criterion, you need to prepare two types of evidence carefully:

1. Evidence of Your Actual Salary:
   • Annual income statements
   • Annual tax returns
   • Monthly pay stubs
   • Letters from employers or supervisors detailing your high salary and the reasons for it
   • Form W-2s, Form 1099s, or their foreign equivalents
   • Contracts stating your salary or payment terms
   • Letters from employers regarding bonuses or stock options
   • Records of stock ownership
   • Evidence of received bonuses
2. Evidence That Your Salary Is Higher Than Others in Your Field:
   • O*Net Online data
   • Media discussing high compensation in your field
   • Professional organization lists of high-salary earners in your field
   • Salary.com, Indeed.com, ZipRecruiter.com, and Payscale.com comparisons
   • Comparisons from the Bureau of Labor Statistics (BLS)
   • Data from the Department of Labor’s Office of Foreign Labor Certification
   • Government surveys, reports, or statistics, such as those from the Bureau of Labor Statistics or the Department of Labor's One Stop website

In some cases, only a few pieces of evidence may be sufficient. In others, you might need to provide more comprehensive documentation to clearly demonstrate your accomplishments. Each EB-1A applicant is unique, and your approach to gathering and presenting evidence should be tailored to your individual case.

Tips for Presenting High Salary or Other Remuneration Evidence

• Consistency Is Key: Ensure your remuneration evidence is consistent and thoughtfully presented. For example, if your compensation fluctuates significantly throughout the year, it may be difficult to argue that you consistently command a high salary compared to your peers. It's essential to show that you are currently earning a high salary.
• Client Payments vs. Personal Salary: If you are using client payments as evidence, be prepared to provide details on how much money you personally received after expenses. You must present a clear and persuasive case if you include this evidence.
• Target the 90th Percentile: Typically, a salary in the top 10% (90th percentile) for similarly employed individuals in your field is considered high enough to argue that you command a high salary.
• Weighing the Criterion’s Importance: While it’s difficult to gauge how much weight USCIS places on different EB-1A criteria, the high salary category may be less crucial than others. However, it’s still helpful to demonstrate your eligibility as part of a broader strategy.
• Bonuses and Stock: Bonuses and stock options are only useful as evidence if you can show that you received them. Stock value is generally easier to demonstrate for public companies.
• Base Salary vs. Other Compensation: Comparisons to others in your field are usually based on your “base” salary rather than including other forms of compensation.

By thoughtfully preparing your evidence and clearly presenting your case, you can strengthen your argument that you meet the high salary or other significantly high remuneration criterion for the EB-1A visa. To learn more about what USCIS is looking for and to determine whether you meet other criteria, kindly visit here.