How to Demonstrate the High Salary or High Compensation for EB-1A Application, EB1A, EB-1A, High Salary, EB1A High Salary, High Compensation, EB1A High Compensation, EB-1A Application

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How to Demonstrate the High Salary
or High Compensation for EB-1A Application?

Hi William,

How to qualify the EB-1A creteria of the person has commanded a high salary, or other significantly high remuneration for services?

Answer,

In the context of the EB-1A Green Card Applicatio, the "high salary" refers to demonstrating that your compensation significantly exceeds the average salary in your field and geographic location. It's not about a specific dollar amount, but rather a comparative analysis showing your earnings are among the highest for individuals in your profession.

A candidate for the EB-1A visa must be able to show that their unique skill commands a high salary or other kind of compensation. According to the USCIS, a high pay is one that is much higher than the going rate for the employee's occupation in the location of employment.

USCIS determines whether the person's salary or remuneration is high relative to the compensation paid to others working in the field.

Evidence regarding whether the person's compensation is high relative to that of others working in the field may take many forms. If the petitioner is claiming to meet this criterion, then the burden is on the petitioner to provide appropriate evidence. Examples may include, but are not limited to, geographical or position-appropriate compensation surveys and organizational justifications to pay above the compensation data.

USCIS officers may find the following websites helpful in evaluating the evidence provided by the petitioner:

The Bureau of Labor Statistics (BLS) Overview of BLS Wage Data by Area and Occupation webpage;

The Department of Labor's Career One Stop website; and

The Department of Labor's Office of Foreign Labor Certification Online Wage Library.

The more considerations of this issue include:

1) Not a Specific Threshold: Unlike some visa categories, EB-1A doesn't have a set salary requirement. Instead, the focus is on proving that your earnings are high relative to others in your field and location.

2) Comparative Analysis: You need to demonstrate that your salary is significantly higher than the average or median salary for your profession within your specific geographic region.

3) Documentation: You will likely need to provide documentation such as W-2s, pay stubs, and possibly other salary data or salary survey information to support your claim.

4) Consider Geographic Location: USCIS considers salary variations across different regions. For example, a high salary in Silicon Valley might be different than a high salary in a smaller city.

5) Focus on Top Earners: You should aim to show that your salary compares favorably to the top 10% of earners in your field.