March 19, 2025
Does My Salary Meet EB1A Criteria? Here’s the Real Answer.
Almost every single day for nearly a decade, I’ve received the same question from clients and prospective clients alike: “Does my salary meet the EB1A criteria?”
At first glance, this might seem like a simple question. But the truth is, the answer is much more nuanced. USCIS doesn’t just look at a number. Instead, they compare your salary against multiple industry benchmarks to determine whether it truly reflects extraordinary ability in your field.
So, how do we evaluate whether your salary qualifies? It involves a multi-layered analysis. We take into account:
- Government databases and labor statistics
- Salary surveys from reputable sources
- Comparisons with competitors in the same field
- Compensation data for other individuals in similar roles within your own organization
Here’s a real-world example:
Let’s say you earn a salary of $200,000. That might sound impressive — and in many contexts, it is. But if you’re working as a software engineer in San Francisco, that number may not be considered exceptionally high based on the local market, cost of living, and what your peers in similar positions are earning.
Let’s say you earn a salary of $200,000. That might sound impressive — and in many contexts, it is. But if you’re working as a software engineer in San Francisco, that number may not be considered exceptionally high based on the local market, cost of living, and what your peers in similar positions are earning.
On the other hand, the same $200,000 salary in a different geographic region could very well be seen as extraordinary. The key lies in context — and that context comes from reliable data and a thoughtful analysis of your situation.
If you’re unsure where your salary stands in relation to EB1A requirements, that’s exactly where we come in. We’ll help you analyze your compensation and give you a clear, honest assessment. But more importantly, we don’t just stop there.
At Silmi Law, we don’t act as mere paper pushers. We take a uniquely tailored approach to each client’s case. Our goal is to ensure that every piece of evidence we submit isn’t just sufficient — it’s strategically positioned to maximize your chance of approval. We work with you to not only meet the regulatory criteria but to demonstrate that you are among a small, elite group of professionals who have reached the pinnacle of achievement in your field.
So, if you’re wondering whether your salary meets the EB1A criteria, let’s talk. We’ll guide you through the analysis, help you understand where you stand, and advise on ways to strengthen your case if needed.
I look forward to continuing the conversation and helping you position yourself for success.
— Sharif Silmi
