High salary criterion: how to compare your pay for EB-1A and O-1A
In short: this criterion is about your pay compared with others in your field, not how big the number is. You show what you were paid, then compare it with objective data for the same occupation and location. Done well, it is one of the most straightforward criteria for many professionals. Done badly, with the wrong comparison, it is one of the most commonly rejected.
What USCIS says
The EB-1A criterion, as worded in the USCIS Policy Manual:
"The person has commanded a high salary, or other significantly high remuneration for services, in relation to others in the field."
The O-1A version is broader in one useful way: it covers a salary you have commanded or will command, shown by contracts or other reliable evidence. See O-1A vs EB-1A.
Step 1: document your pay
- Offer letters and employment contracts
- Pay statements
- Tax documents, such as W-2s in the U.S. or the local equivalent
- Equity grant and vesting records, and bonus letters
- For consultants and founders: invoices, contracts and company records
Use several years where you can. A consistent record of high pay supports the "sustained" part of the final merits review.
Step 2: compare like with like
The comparison should match your:
- Occupation: the same or a closely matching job category, at your level
- Location: the same metro area or region, because pay varies widely by city
- Country: pay earned abroad is compared with local data in that country
- Pay type: base salary against base salary data, total pay against total pay data
Commonly used sources include U.S. Department of Labor and Bureau of Labor Statistics wage data, government statistics in other countries, and reputable industry salary surveys. Explain each source and why it fits.
Step 3: show where you rank
The aim is to show your pay is at the top of the comparison group, not merely above the median. Government data often reports percentiles, which makes this easier to show. Present it clearly: your figure, the comparison figure, the source, the occupation code and the location.
Equity, bonus and founders
- Equity and bonuses can count as remuneration when they are documented and valued reasonably. Compare total pay with data that also measures total pay.
- Founders often take a modest salary. This criterion may not be the best fit, and other criteria such as a critical role or original contributions may carry the case instead. See EB-1A for founders.
Common mistakes
- Comparing with a national average for all workers instead of your occupation
- Comparing a senior role with entry-level data, or the other way round
- Comparing total compensation with base-salary data
- Converting foreign pay to dollars and comparing with U.S. figures
- One-off payments, such as a single signing bonus, presented as typical pay
How BuildCaliber helps
We help you gather pay records, pick fair comparison data, and see honestly whether this criterion is strong for you. Your attorney decides how it is presented. See all ten criteria in the EB-1A guide.
Frequently asked questions
How high does my salary need to be for the EB-1A?
There is no fixed number. USCIS compares your pay with others in your field, so the question is how you rank against people in the same occupation and location. Pay that is clearly at the top of that range, shown with objective data, is what this criterion looks for. Being somewhat above average is usually not enough.
Do stock and bonuses count toward high salary?
They can. The criterion covers a high salary or other significantly high remuneration, so bonuses and equity can be relevant when they are documented, for example through tax forms, pay statements and equity vesting records. Compare them with data that measures the same kind of total pay.
Can I use a salary I earned outside the United States?
Yes. Pay earned abroad is compared with others in the same field in that country, using local salary data. Converting to U.S. dollars and comparing with U.S. salaries is a common mistake.
Disclaimer: BuildCaliber is a coaching service. We are not attorneys and do not provide legal, tax or financial advice. This page is general information, and immigration rules change. We do not guarantee any result. Talk to a licensed immigration attorney about your own situation.