Key Takeaways
- The O-1 visa has no fixed minimum salary.
- High remuneration is just one of eight ways to prove extraordinary ability.
- USCIS compares your pay to others in your specific field and location.
There is no fixed minimum salary for the O-1 visa. High remuneration is just one of eight ways to prove extraordinary ability, not a flat dollar figure. For this criterion, U.S. Citizenship and Immigration Services compares your pay to what others earn in your field and location.
Searching for what an O-1 costs to file? Check out O-1 filing costs and fees. This guide covers salary as it relates to O-1, not the price tag.
Does the O-1 visa have a minimum salary requirement?
No, the O-1 doesn’t have a minimum salary requirement. A modest salary won’t disqualify your case by itself.
You need to satisfy three of the eight O-1A criteria. High remuneration is just one of those options. The others cover different kinds of evidence entirely.
If your case is stronger elsewhere, salary may not need to factor in at all.
How does USCIS evaluate O-1A high remuneration?
USCIS evaluates O-1A high remuneration by comparing your pay to others doing similar work in the same field and location, not against a fixed number. This standard comes from 8 CFR § 214.2(o)(3)(iii)(B)(8), which asks whether you’ve commanded, or will command, a high salary or other remuneration for your services.
Immigration attorneys often use the 90th percentile for the role and metro area as a benchmark when building a case, though this is not a written legal requirement. Remuneration beyond base pay can count too. Bonuses, commissions, profit share, equity, and guaranteed contract payments can all support O-1A high remuneration claims.
Pay norms vary by geography and industry, so USCIS weighs your compensation against the market where you work rather than a national average. Because of this, a salary that’s modest in one city or sector might be exceptional in another.
How to document your compensation
You document your compensation with tax filings like your W-2 or Form 1040, recent pay stubs, or the employment or agent contract that sets your pay. Outside benchmarks, such as data from the Bureau of Labor Statistics or O*NET, can show what similar roles pay in your area. If published data doesn’t cover your specific role, an expert letter can explain why your compensation is high for your field.
The O-1 requires an employer or agent to file the petition. Your compensation is established through the petition and the underlying contract. In contrast, an EB-1A self-petitioner doesn’t need an employer to sponsor the petition or attest to their compensation, but they still need to document it themselves, through the same kinds of evidence: tax filings, pay records, or comparative wage data.
This page only covers compensation. For the sponsor’s broader obligations and the full list of O-1 requirements, see O-1 visa requirements.
Does equity count toward O-1A high remuneration?
Founders, early employees, and executives with substantial stock grants may be able to point to equity value instead of, or alongside, a salary.
USCIS looks at your company’s valuation and how much of it you actually own. A strong valuation combined with significant ownership can carry weight similar to a high salary.
Building an equity-based case still takes documentation and strategy. See how attorneys build a case using equity.
For broader guidance on the O-1 as a founder, see O-1 guidance for startup founders.
Every compensation package looks different, so it’s worth reviewing your specific salary with an attorney experienced in O-1 petitions before you file.
Frequently asked questions
Is there a minimum salary for the O-1 visa?
No. The O-1 visa has no fixed minimum salary. High remuneration is just one of eight O-1A criteria, and you only need three to qualify.
Can equity or stock options count toward high remuneration?
Yes. Equity, stock, bonuses, commissions, profit share, and guaranteed contract payments can all count toward O-1A high remuneration, not just base salary.
What if my salary is below the 90th percentile?
The 90th percentile is a benchmark, not a legal requirement. Falling below it doesn’t necessarily disqualify you. USCIS still weighs your pay against your specific field and location.
How does high remuneration work for the O-1B?
O-1B high remuneration works similarly to O-1A. You still need to show your pay compares well to others in your field. See the O-1B visa guide for the full standard.
Disclaimer. This article is for general informational purposes only and does not constitute legal advice. Reading it, or contacting Manifest Law through this site, does not create an attorney-client relationship. Immigration law changes frequently, and the information here is current only as of the publication date. For advice on your specific situation, consult a licensed attorney. Prior results do not guarantee a similar outcome. This communication is attorney advertising.
About the Author
Senior Staff Writer
Myles Ma is a veteran editor and journalist who has spent his career untangling complicated, sometimes unpleasant topics to help readers make smarter decisions. His reporting and insights have been featured in major outlets including the Washington Post, PBS, and CNBC.
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Immigration Lawyer to Manifest Law
Ana Gabriela Urizar is an award-winning immigration attorney licensed in Arizona and New York. With nearly a decade of experience, she advises global corporations on complex U.S. immigration matters. Originally from Guatemala, Ana Gabriela previously spent close to ten years at the world’s largest immigration firm, managing business immigration matters for leading technology, science, and financial companies. She has been recognized by Best Lawyers: Ones to Watch (2027) and Negocios Now’s Tri-State 40 Under 40.
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