Occupation
Compare with reasonably similar professional roles.
EB1A Regulatory Criterion
EB1A High Salary for Researchers: Use the Right Compensation Comparison
The high salary criterion requires evidence that the applicant has commanded a high salary or other significantly high remuneration for services in relation to others in the field. The central issue is comparative compensation, not whether the salary sounds large in isolation.
Salary Benchmarking
The Comparison Group Can Decide the Strength of the Criterion
Geography
Location may materially affect compensation.
Seniority
Avoid comparing senior researchers with entry level workers.
Total Remuneration
Bonuses, equity or other compensation may matter when documented.
Evidence File
Documents That Can Support High Remuneration
Employment Agreement Contractual compensation.
Pay Statements Actual compensation evidence.
W-2 or Tax Records Annual earnings where appropriate.
Equity Records Documented remuneration beyond salary.
Government Wage Data Potential comparative source.
Industry Surveys Position appropriate compensation benchmarks.
Geographic Data Local or regional comparisons.
Job Description Supports an appropriate occupational comparison.
Common Mistake
Above Average Is Not Automatically Significantly High
Weak
The applicant earns more than the national average.
An average may be too broad or may not demonstrate that the compensation is genuinely high in relation to peers.
Stronger
Use a position appropriate benchmark.
Compare the applicant with reasonably similar workers using reliable geographic and occupational data.
Build the Complete EB1A Record
Individual Criteria Should Support One Coherent Extraordinary Ability Case
Common Questions
Frequently Asked Questions
Can bonuses and equity count?
Potentially, as other significantly high remuneration when properly documented.
Can an employment offer support the criterion?
A credible offer may be relevant to whether the applicant has commanded the compensation.
Should salary be compared with all scientists?
Not necessarily. A more position appropriate comparison may be stronger.
Does a high salary guarantee EB1A approval?
No. Final merits and the complete EB1A requirements still apply.
Primary Legal Sources USCIS Policy Manual — Extraordinary Ability 8 C.F.R. § 204.5(h)