EB1A Salary Criterion
Complete guide to proving high compensation for extraordinary ability using salary data and evidence.
Criterion 9: High Salary or Remuneration
Evidence that the person has commanded a high salary, or other significantly high remuneration for services, in relation to others in the field
Key Question
Does your current annual salary exceed the average for your occupation based on your city and country? This criterion evaluates whether your compensation demonstrates extraordinary ability through market recognition of your value.
USCIS Evidence Requirements
Evidence relevant to demonstrating high remuneration may include, but is not limited to:
- • Tax returns, pay statements, or other evidence of past salary or remuneration for services
- • Contract, job offer letter, or other evidence of prospective salary or remuneration for services
- • Comparative wage or remuneration data for the person's field, such as geographical or position-appropriate compensation surveys
USCIS Recommended Resources:
Overview of BLS Wage Data by Area and Occupation
Visit BLS Wage DataSalary exploration and comparison tools
Visit Career One StopWhat Counts as "High"
Significantly above average for your field and location
Geographic Context
Must be compared to local market rates
Critical: Internet Printout Requirements
When submitting internet printouts of salary data, USCIS requires:
- • Full page printouts - no cropped or partial screenshots
- • Headers and footers visible - showing website URL and navigation
- • Date stamps visible - printout date must be recent (within last 6 months)
- • Complete web links showing - full URL path must be visible
- • No edited or modified content - screenshots must show original website exactly as displayed
Researching Salary Data
Primary Tool: Economic Research Institute (ERI)
Professional salary data for accurate market comparisons
ERI provides comprehensive salary data by job title, location, and experience level. This is the gold standard for salary evidence in EB1A petitions.
What ERI Provides:
- • Location-specific salary ranges
- • Job title variations and levels
- • Industry-specific data
- • Experience level adjustments
- • Currency conversions for international data
Additional Salary Resources
Supplementary data sources for comprehensive analysis
U.S. Bureau of Labor Statistics
Official government wage data by occupation
Glassdoor
Company-specific and location-based salaries
PayScale
Experience and skill-adjusted compensation data
World Salaries
Salary data and currency conversion tools for international comparisons
Visit World SalariesUse multiple sources to build a comprehensive salary comparison
Documenting Salary Evidence
Required Personal Documentation
Primary Documents
Employment Contracts
Official salary agreements and amendments
Pay Stubs
Recent consecutive pay periods
Tax Documents
W-2s, 1099s, or foreign tax certificates
Supporting Documents
Bonus/Equity Documentation
Stock options, bonuses, incentives
Currency Conversion
Official exchange rates for foreign income - use World Salaries for conversion printouts
Employment Letter
HR confirmation of salary and position
Case Study: Salary Evidence Documentation
Example: Dr. John Smith - Research Engineer Case
How to properly document high salary evidence for EB1A petition
Cover Letter Presentation:
Criterion 9: The person has commanded a high salary, or other significantly high remuneration for services, in relation to others in the field
Evidence that Dr. JOHN SMITH commands a high salary or other significantly high remuneration in relation to others in the field
Personal Salary Documentation
- • 2020: 127,962,300 KRW
- • 2019: 119,561,735 KRW
- • 2017: 127,617,643 KRW
- • 2016: 111,243,254 KRW
- • 2015: 109,483,797 KRW
- • 2013: 91,742,041 KRW
Internet printouts from World Salaries showing KRW to USD conversion rates
World Salaries Currency ToolMarket Comparison Data
Average Research Engineer Salary in South Korea: 83,875,523 KRW
Average Annual Research Engineer Salary: 38,521,100 KRW
Mechanical Engineers classification including Robotic Engineers
Analysis Result
Dr. Smith's 2020 salary of 127,962,300 KRW significantly exceeded both the ERI average (83,875,523 KRW) by 53% and the World Salaries average (38,521,100 KRW) by 232%, demonstrating extraordinary compensation in the field.
Best Practices for Salary Evidence
Do's
Use Multiple Data Sources
ERI, BLS, and industry-specific reports
Include Total Compensation
Salary, bonuses, stock options, benefits
Location-Specific Comparisons
Compare to local market, not national averages
Document Sources and Dates
Include website URLs and access dates
Show Clear Percentage Difference
Calculate exact percentage above market rate
Don'ts
Don't Use Outdated Data
Salary data should be recent (within 1-2 years)
Don't Compare Different Job Levels
Senior vs. junior roles have different expectations
Don't Ignore Cost of Living
High salaries in expensive cities may not be "high"
Don't Use Unverifiable Sources
Avoid anonymous surveys or untrustworthy sites
Don't Assume "High" is Enough
Must be significantly above average, not just above
Important Note
The salary criterion is just one of ten possible criteria for EB1A. You need to satisfy at least 3 criteria to show Evidence of Extraordinary Ability. If your salary isn't significantly above market rate, focus on strengthening other criteria where you have stronger evidence.
Remember: Quality of evidence matters more than quantity. A well-documented salary comparison with clear market analysis is more valuable than multiple weak salary claims.
Need help evaluating your salary evidence or building your EB1A case?