Of the 10 criteria established by USCIS, the EB1A high salary criterion is almost always targeted by green card aspirants. In fact, immigration officers at USCIS expect evidence related to high remuneration in your petition. That’s because it’s a significant indicator of an applicant’s prominence in their field. 

In this article, we’ll decode this important eligibility factor in detail. We will also cover the latest guidelines issued by USCIS to further clarify the criterion. 

Let’s begin!

Why Target the EB1A High Salary Criterion?

By providing evidence of a high salary for EB1A, you can demonstrate that your expertise and talents are not only acknowledged but also valued on a national and international level. Meeting this eligibility factor can significantly strengthen your EB1A application, making it more likely to garner approval from USCIS.

While there is no specific income threshold required for EB-1A eligibility, earning a higher salary than your peers can substantially enhance your case because it suggests that your work has made a significant impact, resulting in financial compensation that reflects your exceptional abilities.

Now, let’s break down the nuances in the next section:

Key Considerations of EB1A High Remuneration 

Evidence concerning whether an individual’s compensation surpasses that of their peers within the same field can manifest in various ways, such as:

• Geographical compensation surveys 
• Position-appropriate surveys 
• Letter from employer justifying higher salary 

To gather data on relative compensation in your field, you can refer to the following:

• The Bureau of Labor Statistics (BLS) wage data by area and occupation
• Salary.com comparison
• Indeed.com comparison
• Payscale.com comparison 
• Media publications discussing the high remuneration of professionals in your field
• List of top earners curated by credible professional organizations 

USCIS Policy Manual Update on EB1A High Salary Criterion

The latest updates to the USCIS policy manual on EB1A offer more clarifications:

• Location and currency: Officials assess individuals employed outside the United States by considering wage statistics or relevant evidence specific to the location of their work, rather than merely converting the salary to U.S. dollars and assessing whether it would be considered high within the United States.

• Entrepreneurs or founders: For startup founders or entrepreneurs, USCIS evaluates if the business has received substantial funding from angel investors, venture capital funds, government entities, or similar funders.

• Salary rate being measured: Immigration officers at USCIS determine whether the comparative data pertains to an hourly rate or an annual salary. They also examine how this data aligns with the beneficiary’s compensation. It’s worth noting that many artists receive payment on a daily basis, which may not equate to a standard 8-hour workday, or they are compensated based on a fixed amount for a project, with an unknown number of hours involved. Nevertheless, hourly wage data can still carry weight if the petitioner submits documentation detailing the number of hours worked.

• Survey’s validity: Certain websites offer salary data based on user reports, and the validity of such comparisons may be questionable if, for instance, there is an insufficient number of users reporting their salaries, or if the data lacks credibility or reliability in some other way.

• Occupation’s description: Inaccurate comparisons can arise from broad descriptions encompassing various occupations or industries. For instance, a category like “directors and producers” might be used across different industries. However, establishing that a film director receives substantial compensation based on a wide spectrum of occupational data, which includes unrelated roles like radio show producer, may lack sufficient probative value.

How to Demonstrate a High Salary For EB1A?

Here’s what you can use as evidence to satisfy the EB1A high salary criterion:

• Documentation such as tax returns, pay stubs, or other records showcasing previous earnings or compensation for services rendered
• Contracts, job offer letters, or any pertinent evidence indicating future salary or compensation for services
• Form 1099s, Form W-2s 
• Salary comparison data as explained in the previous section
• Bonuses included in the total wages of your tax return 

And here’s what won’t likely count as evidence for high salary:

• Insurance
• 401(k) contributions
• Reimbursements, allotments 
• Travel 

By presenting a compelling case that includes evidence of your high salary, you can increase your chances of securing an EB-1A visa and fulfilling your dreams of living and working in the United States as a recognized expert in your field.

Conclusion

Remember, it’s not just about satisfying one eligibility requirement. Although important, the EB1A high salary criterion is just one of 10 such eligibility factors that USCIS evaluates. You need to meet a bare minimum of 3 criteria as well as pass through the Final Merits Determination with flying colors. 

Brainstorming what kind of evidence would work to satisfy the EB1A criterion is no walk in the park. Without proper support and guidance, you will likely encounter obstacles that could derail your EB1A journey. To skip all the hassle, join the Smart Green Card program and build an impeccable EB1A profile with our strategic, hands-on approach.