EB-1A High Salary Criteria, Explained by an Immigration Lawyer
- You can qualify for an EB-1A visa by proving your compensation is significantly higher than others in your specific role and geographic market.
- USCIS typically looks for total pay that places you in the top 10% of earners in your field.
- Compensation can include not just base salary, but also bonuses, commissions, and equity.
In the world of U.S. immigration, a paycheck is more than just a living. If you want an EB-1A visa, it’s a piece of evidence. Earning a high salary compared to others in your field is one of the eligibility criteria for the EB-1A visa. But there’s not one fixed number that you need to show to U.S. Citizenship and Immigration Services (USCIS) in order to get approval.
| 🧑⚖️ This article is informed by real-world insights from Manifest Law’s practicing immigration attorneys. It reflects not only what the law says, but also how USCIS officers are currently applying that law, and where risks are increasing. Check out our editorial policy for more info. |
What counts as a high salary for EB-1A?
For the EB-1A visa, the government doesn’t use a single dollar amount to decide which salaries qualify as high. Instead, it looks at how your pay compares to others doing the same work. The rule written into the legal code specifically asks for evidence that you earn a “high salary or other significantly high remuneration for services, in relation to others in the field.”
In practice, you must prove your pay is much higher than the average for your job title and your location. Successful EB-1A cases often show the applicant is in the top 10% of earners for their specific role.
| 💡See what a strong EB-1A case looks like. Looking at examples of successful EB-1A cases can help you better understand how your own background might measure up, what a strong petition really looks like, and what it takes to get approved. |
How do I know if my salary is high enough?
To determine if your earnings meet the EB-1A standard, you must look at them through the lens of your job title and geographic location. This way, you’re comparing yourself to your direct peers.
Use the following steps to evaluate your compensation:
- Check the 90th percentile. Research your role on the Bureau of Labor Statistics website or O*NET to see if your salary sits in the top 10% for your metropolitan area.
- Include all remuneration. Beyond your base pay, calculate the value of your bonuses, commissions, and equity, as these count toward your total compensation package. A tool like Levels.fyi can help you compare your total compensation package, including bonuses and stock.
- Gather peer data. Look at industry-specific surveys or recruitment data to show what the average person in your position makes.
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Essential documents for high salary evidence
Proving a high salary requires a clear paper trail. To build a strong filing, you should gather the following:
- Tax records: Recent IRS Form W-2s or federal tax returns (Form 1040)
- Pay stubs: Recent pay statements that break down wages, bonuses, and withholdings
- Contracts: Signed agreements that outline your compensation structure and any guaranteed bonuses
- Independent data: Bureau of Labor Statistics, O*NET, or Levels.fyi data showing the 90th percentile earnings for your specific position and location
- Expert testimony: If your role is highly niche, a letter from a recruiter, employer, or industry expert can explain why your pay is high for your specialization (this can work alongside other recommendation letters)
Failing to submit sufficient evidence of your high salary will only increase processing time for your visa petition. Since EB-1 processing times can already reach almost two years, you don’t want to further delay your Green Card.
If you’re unsure exactly which documents build the strongest argument for USCIS, talk with an experienced EB-1A lawyer. They will be able to look at your entire situation and assess the best strategy for your case.
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.”
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.
| 🔍 How much it costs to get an EB-1A: Getting an EB-1A can easily cost you over $10,000, which is a high upfront cost compared to other Green Cards. The best way to avoid unnecessary expenses is to have a solid application strategy from the start. Learn more about the cost of an EB-1A visa. |
How to prove your worth to USCIS
A high salary can help provide objective proof of your value in the market. There are strategic ways to show your total value, even for speculative forms of compensation like stock options from a startup.
At Manifest Law, our attorneys have experience helping founders and experts document their full remuneration to build a strong EB-1A case. Request a consultation to start building your immigration strategy today.
