When applying for an EB1A visa, one of the key criteria to focus upon in support of your application is demonstrating that you command a “high salary or other significantly high remuneration in relation to your peers” in your field. However, understanding what USCIS considers a high salary can be complex. 

The term “high salary” in the context of an EB1A visa isn’t defined by a specific dollar amount. Instead, USCIS looks at how your salary compares to others in your field. To satisfy this criterion, your salary ought to be higher than the top 10%—or the 90th percentile—of earners in your profession. This means your compensation should be significantly higher than the majority of professionals in similar roles, indicating that your skills and contributions are recognized as elite and are thus exceptionally valued.

This comparative approach is crucial because it highlights that the high salary criterion is about your relative standing within your field, rather than just hitting a particular income threshold. Your salary must stand out as exceptional when compared to industry standards, reflecting your extraordinary ability.

A crucial step in proving that you command a high salary is selecting the appropriate job title for your EB1A petition. Many applicants mistakenly believe that their job title must match their previous titles from H1B, EB2, or EB3 petitions. However, for EB1A, your job title should accurately reflect your  role and responsibilities tied to your EB1A field of endeavor, even if it differs from previous titles and it can even be a prospective or future role.

Choosing the right job title can be challenging, especially as the Department of Labor’s Bureau of Labor Statistics (BLS) does not list all possible titles. In such cases, you must select the closest match based on your job description and industry standards. This selection is crucial because your salary will be compared to others holding the same or similar titles. If your job title does not accurately represent your role, it can skew the comparison and affect the evaluation of your salary.

For instance, if your role as a Computer and Information Systems Manager involves a broad range of responsibilities, you need to ensure that the title you choose for your EB1A petition reflects this scope. Once you’ve identified the correct title, you can compare your salary against BLS data. If the high salary for your role is $214,050, and you earn $300,000, you have clearly exceeded the 90th percentile or higher, thus meeting the high salary criterion.

To substantiate your high salary claim, you must provide credible documentation. The most reliable document is typically your W-2 form, which outlines your total annual earnings. However, if your W-2 doesn’t fully capture your salary—perhaps due to recent changes in your compensation—an employment verification letter can be an effective supplement. Also, recent updates to adjudication procedures has opened the door for offer letters to be used as evidence that one commands a high salary.

Essentially, a high salary serves as tangible proof of your exceptional ability. If you are earning significantly more than 90% of your peers, it’s a clear indication that your expertise is highly sought after and valued. This not only supports your case but can also help differentiate your application from others who may not have such compelling evidence and serve your needs in establishing that you have reached the very highest level of your field from a final merits determination perspective.

It’s essential to approach this criterion thoughtfully. Missteps in selecting an appropriate job title or failing to provide comprehensive documentation can result in a Request for Evidence (RFE) or even denial of your petition. Ensuring that your salary is properly documented and clearly compared to industry standards strengthens your application and increases your chances of success.