EB‑1A High Salary Criterion, Explained by an Immigration Lawyer

Proving a high salary is one of 10 criteria for an EB-1A extraordinary ability Green Card. To meet it, you must show that your compensation is significantly higher than what others earn in your field. But there’s no set dollar amount that meets the criterion.

In recent months, this criterion has been failing at the first step of U.S. Citizenship and Immigration Services (USCIS) review more than it used to. Remember, there is no formula that works for every case, and strong wage evidence does not guarantee the criterion is met.

What counts as a high salary for EB-1A?

An applicant must provide evidence that they have “commanded a high salary or other significantly high remuneration for services, in relation to others in the field,” under 8 CFR 204.5(h)(3)(ix).

The rule splits your pay into two distinct parts: base salary and other remuneration, which can include bonuses, equity, and allowances.

USCIS officers measure your pay against peers in the same role, geographic area, and field.

How do I know if my salary is high enough?

Showing that your pay qualifies takes more than a big paycheck. You need proof that pairs wage data with verified financial records.

Compare your pay against official wage data

USCIS generally accepts the Department of Labor’s (DOL) Occupational Employment Statistics (OES) Program wages as authoritative when comparing wages across positions and geographical areas. If your base salary can be demonstrated to be above a Level 4 wage, the highest wage level, you have already made a compelling case that you command a high salary.

Officers also look at pay sites like Glassdoor and Payscale alongside government data. But they don’t accept user-reported numbers on their own.

Instead, attorneys build a full set of comparisons. They combine government numbers with private wage surveys, such as Mercer or industry pay reports.

Present other remuneration separately

Bonuses, equity, and commissions fall under the second part of the criterion: other remuneration. Adding these can strengthen your file, but officers check them closely.

Stock options and stock units can help if you have written proof of cash value. That means paperwork from a priced funding round or a public stock listing. Unvested grants and future bonuses carry little weight because you haven’t earned them yet.

Gather peer data and align position descriptions

Internal company records can also support your filing. A letter from human resources that compares your pay to peers with your exact title can carry extra weight.

Your job description must also match your benchmark data. If you claim an executive role, don’t compare your pay to non-executive staff or lower-paid job codes. Doing so can hurt your credibility and draw an RFE.

Essential documents for high salary evidence

To build a defensible filing, gather these records:

• Tax forms: W-2s, 1099s, or annual tax returns
• Pay statements: Recent pay stubs
• Employer letter: Verifying your title, duties, base salary, and bonus history
• Equity proof: Grant notices, vesting schedules, and verified funding round paperwork
• Independent data: BLS and O*NET data, private wage surveys, and market reports

The numbers on your pay stubs, W-2s, tax returns, and employer letter must all agree, because inconsistencies draw requests for evidence. Past salaries count as well, so a pay cut taken for a bigger role doesn’t disqualify you, and the pay must have been earned as of filing.

How an attorney can support your EB-1A case

Building a case for your high salary is about more than just a big number. For example, while a standard W-2 is easy for USCIS to understand, an attorney will understand how to use other remuneration to capture your full value.

For example, startup founders often have low cash salaries. Attorneys can overcome this by arguing that equity is a common form of pay in the tech world and that the USCIS policy manual says officers must consider a company’s significant funding from venture capital and other sources as evidence of a high salary.

Siel Timperman, an immigration lawyer for Manifest Law, looks at a company’s cap table and latest valuation to put an equity package into context. If you own 20% of a company valued at $1 billion, that’s a powerful indicator of your status, even if your paycheck is relatively small.

“Salary is much easier to argue because USCIS understands it,” Timperman said. “But for young founders especially, sometimes one has no option but to argue equity.”

For private companies, USCIS scrutinizes valuations, so this argument works best when there is a priced round, a public listing, or a sale behind it, and when the dollar value is documented.

The same strategy won’t work for every situation, though. It’s important to have an evidence packet tailored to your income sources, profession, and location. Otherwise, you could add weeks or months of processing through EB-1A RFEs. If you want help deciding which evidence your record supports, our EB-1 visa lawyers and this guide to choosing an EB-1A lawyer are a place to start.

Can startup founders meet the EB-1A salary criterion with equity?

Founders prove high pay to USCIS by showing the real cash value of their company equity. When founders take below-market pay to save cash, officers evaluate total earnings through outside investment records.

An EB-1 visa petition doesn’t require high cash wages if your shares have clear market value. You can prove this through cap tables, signed Simple Agreement for Future Equity (SAFE) notes, and formal valuations from priced venture rounds.

Relying on paper options without proof could hurt your chances at EB-1A approval. To satisfy officers, your equity value should come from outside investor backing rather than your own options.

How high salary is weighed at the final merits determination

High pay alone is rarely enough to make your case. At the final merits determination, USCIS determines if your full record shows that you’ve risen to the top of your field.

That’s why it helps to compare your pay against your peers. And to show sustained acclaim, your record of pay should include steady raises over three to five years.

Adjudicators weigh compensation alongside other evidence of sustained acclaim, including judging the work of others, holding a critical or leading role, published material and media coverage, scholarly citations, awards, memberships, and original contributions.

FAQs about the EB-1A high salary criterion

What are the high salary criteria for an EB-1A visa?

The regulation includes two distinct parts of remuneration: a high base salary and other high remuneration. Officers evaluate both parts against peers in your exact role, local area, and narrow sub-field.

How do I prove a high salary for EB-1A?

You prove high pay by submitting tax returns, recent pay stubs, and an employer letter. You must pair these records with a comprehensive set of peer comparisons rather than a single database.

What does high salary mean for EB-1?

It means you earn significantly more than peers in your local market and specific field. No regulation sets a percentile or dollar figure, so the comparison rests on wage data for your exact role, industry, and location.

What counts as high remuneration for EB-1A?

High remuneration covers base pay, along with bonuses, profits, and company stock with a documented cash value.

Can a founder meet the high salary criterion with equity?

Yes, founders can qualify using startup equity if the shares have a verified cash value from a priced round or sale. Review our section on how an attorney supports your case to see how cap tables are documented for USCIS.