Tech professionals in the US often earn well above the field average and assume the high-salary criterion is a slam dunk. It is not. USCIS treats it as a comparative claim, and if the comparison is wrong, the criterion fails.

A high number is not evidence. A high number relative to your specific occupation, in your specific labour market, is.

Commanding a High Salary: Proving It Correctly

What the criterion actually asks

The regulation calls for evidence that the applicant has commanded a high salary or other significantly high remuneration in relation to others in the field. Two anchors: your role and your market. A software engineer earning $400K in San Francisco is not automatically extraordinary. The comparison is to other software engineers, at your level, in the relevant labor market.

How to build the comparison correctly

Strong salary evidence typically includes:

• Official salary data from sources like the DOL Bureau of Labor Statistics, OFLC wage data, or Levels.fyi with your occupation and geography specified.
• Documentation showing your total compensation, including equity where relevant.
• A comparison to the top decile or top percentile in your occupation and market.
• Independent verification offer letters, W-2s, or public disclosures.

Common mistakes

Presenting total compensation without distinguishing base from equity confuses adjudicators. Comparing to national averages when your role is regional inflates the claim without proving it. Using outdated data or the wrong occupation code weakens the comparison. And overreaching  “top 1% of engineers globally” without documentation invites the FMD to dismiss it.

For founders and non-traditional earners

Founders often have low salaries but high total compensation through equity. The criterion accepts other significantly high remuneration. Document dividends, distributions, or equity valuations with independent support. For consultants and contractors, blended-rate calculations across engagements can work when properly documented.

Bottom line: The high salary criterion is a comparison, not a number. Make sure you are comparing to the right cohort, in the right market, with credible data.

FIVE MOVES FOR STRONGER SALARY EVIDENCE

• Define your occupation and geography precisely before you compile the comparison.
• Use DOL, BLS, and OFLC data plus a credible market source like Levels.fyi.
• Compare against the top decile in your specific cohort, not national averages.
• Distinguish base, bonus, and equity clearly; document each with independent verification.
• For founders, document total remuneration including distributions and equity — not only W-2 income.

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Evidence needed for each criterion including salary.

YOUR NEXT STEP

Wondering whether your compensation qualifies? Book a free 30-minute review and we will structure the comparison correctly.

EB1A — Your Path to a U.S. Green Card

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Disclaimer: The information in this newsletter is for educational and informational purposes only. It is not legal advice and does not create an attorney–client relationship. Immigration outcomes depend on the details of individual cases. Consult a qualified immigration attorney for guidance specific to your situation.