EB1A High Salary Criteria RFE? How to Qualify

Earning a high salary can be strong evidence of extraordinary ability under the EB1A visa. But simply having a good income is not enough—USCIS applies strict criteria to determine if your salary is truly exceptional to qualify for the EB1A high salary criteria.

Contents hide
1 Understanding the EB1A High Salary Criteria
2 What Qualifies as an EB1A-Recognized High Salary?
3 What Doesn’t Qualify as an EB1A High Salary?
4 How to Strengthen Your EB1A High Salary Evidence
5 Common USCIS RFEs and How to Overcome Them
6 Conclusion

Many applicants assume that making more than their coworkers is sufficient. However, USCIS wants clear proof that your earnings are significantly higher than others in your field on a national or international level.

To meet this criterion, you must show that your salary:
✅ Is substantially higher than the average salary for your position and industry
✅ Is backed by official data from credible salary sources
✅ Reflects your extraordinary ability and industry demand

This guide breaks down what qualifies as an EB1A-eligible high salary, what doesn’t, and how to properly document your earnings for a strong petition.

EB1A High Salary Criteria RFE
EB1A High Salary Criteria RFE

Understanding the EB1A High Salary Criteria

One of the 10 EB1A criteria is:

“Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.”

To qualify, your salary must be:
✅ Significantly higher than industry averages – Simply earning a good salary is not enough.
✅ Verifiable through official salary databases and reports – USCIS requires independent proof.
✅ A reflection of your extraordinary ability – Your salary should be tied to your skills, achievements, and demand in the field.

USCIS is looking for clear data-driven proof that your compensation sets you apart from others in your profession.

PS: If you go through this guide and believe you have a potentially valid case, then don’t hesitate to fill out our free attorney case assessment questionnaire: Click here to access our free EB1A evaluation form!

What Qualifies as an EB1A-Recognized High Salary?

To be considered for EB1A, your salary must:

1️⃣ Be in the Top Percentile for Your Field

  • Your earnings must be significantly above the median salary for similar positions.
  • Examples of acceptable comparisons:
    ✅ Top 10% to 5% of earners in your field nationally
    ✅ Executive-level or highly specialized salaries that far exceed industry standards

2️⃣ Be Verified by Credible Salary Data

  • USCIS requires third-party sources confirming what is considered high pay in your industry.
  • Strong supporting evidence includes:
    ✅ U.S. Bureau of Labor Statistics (BLS) wage data
    ✅ Industry-specific salary surveys (e.g., Glassdoor, Payscale, Salary.com)
    ✅ Professional association reports (e.g., IEEE, AMA, AIA salary surveys)

3️⃣ Be Tied to Your Extraordinary Ability

  • Your salary should be a result of your unique skills and expertise.
  • Bonuses, equity compensation, and consulting fees can also count if they are linked to your recognition and expertise.

Examples of Acceptable High Salary Cases:

✅ A data scientist earning in the top 5% nationally for the role
✅ A senior executive or startup founder with significant stock options and bonuses
✅ A surgeon, lawyer, or engineer earning far above industry medians due to specialized skills

If your salary meets these criteria, it can be a strong factor in your EB1A petition—but documentation is key.

What Doesn’t Qualify as an EB1A High Salary?

Many applicants assume that any above-average salary will count, but USCIS rejects cases that lack clear evidence of distinction.

Commonly Rejected Salary Evidence:

❌ Salaries close to the industry median – Being paid slightly above average is not enough.
❌ Unverified or self-reported salary data – If you can’t provide credible salary comparisons, USCIS may reject the claim.
❌ Equity compensation with no clear valuation – If stock options or bonuses don’t have clear monetary value, they may not count.
❌ Income in a low-cost country compared to U.S. salaries – If your salary is high only within a specific country, you need to prove global or national significance.

How to Strengthen Your EB1A High Salary Evidence

Even if your salary qualifies, proper documentation is essential to proving its significance. Here’s how to strengthen your case:

1. Provide Official Pay Records

  • Submit pay stubs, tax returns, employment contracts, and offer letters to show consistent high earnings.
  • If your income includes bonuses or stock compensation, provide documentation explaining its value.

2. Show Industry Salary Comparisons

  • Provide third-party salary reports proving that your pay is in the top tier for your field.
  • Examples include:
    ✅ BLS wage data for your profession
    ✅ Glassdoor, Payscale, or LinkedIn Salary Insights reports
    ✅ Salary surveys from professional organizations

3. Get Letters from Industry Experts or Employers

  • Letters from employers, recruiters, or industry experts confirming that your salary is high due to your extraordinary ability can help.
  • These letters should:
    ✅ Explain how your pay exceeds industry norms
    ✅ Confirm that your compensation reflects your unique skills, reputation, or demand

4. Include Media or Industry Recognition of Your Compensation

  • If your high salary has been mentioned in press coverage, business rankings, or financial reports, submit that evidence.
  • If you have been recruited aggressively with high salary offers, mention this to show market demand for your expertise.

Common USCIS RFEs and How to Overcome Them

USCIS often issues RFEs on salary-related claims that lack strong evidence. Here’s how to handle common pushbacks:

💬 RFE: “The applicant’s salary is not significantly higher than others in the field.”
✅ Solution: Submit third-party wage data showing you are in the top 5-10% of earners.

💬 RFE: “The applicant’s compensation includes bonuses and stock, which are not verifiable.”
✅ Solution: Provide official documents detailing stock options, vesting schedules, and financial statements.

💬 RFE: “The applicant has no independent proof of industry salary standards.”
✅ Solution: Use official salary reports (BLS, Payscale, professional organizations) as benchmarks.

Conclusion

Earning a high salary can be a strong EB1A criterion, but only if you provide clear, comparative evidence showing that your compensation is truly extraordinary.

To strengthen your petition, focus on:
✅ Proving that your salary is in the top 5-10% of your industry
✅ Providing independent salary reports from reputable sources
✅ Documenting employer letters, press coverage, and official pay records

If your salary doesn’t meet these standards, you’ll need to strengthen other parts of your EB1A petition. A well-documented case with multiple strong criteria will always improve your chances of approval.

Further Reading on EB1A High Salary Criteria

For additional insights and official resources to strengthen your EB1A High Salary Criteria petition, check out these authoritative sources:

USCIS and Legal Guidelines

Case Law and RFEs Related to EB1A High Salary

Salary Data and Industry Compensation Reports

How to Strengthen Your EB1A High Salary Evidence

These resources can help further validate your case and provide additional guidance on proving that your salary is among the highest in your field due to your extraordinary ability for an EB1A petition.