What Compensation Counts for This Criterion?
The regulatory language at 8 CFR 204.5(h)(3)(ix) refers to salary or remuneration, which encompasses total compensation beyond just base salary. Bonuses, commissions, stock grants, stock options, signing bonuses, and other compensation elements all count.
Document all forms of compensation you receive. Employment contracts, offer letters, pay stubs, W-2 forms, stock grant documentation, and bonus records all provide evidence of total compensation.
For equity compensation, establish the value carefully. Vested equity at public companies has clear market value. Private company equity requires valuation documentation such as 409A valuations, recent funding round prices, or other credible valuation methods.
How Do You Document Base Salary?
W-2 forms provide official documentation of wages for tax purposes. Offer letters and employment contracts show agreed compensation terms. Pay stubs provide periodic confirmation of actual payments received.
Provide multiple years of documentation if your salary has been consistently high. Pattern demonstrates sustained high compensation rather than a single exceptional year.
For international compensation, convert to U.S. dollars using appropriate exchange rates and document the conversion methodology. Include any adjustments for cost-of-living differences if relevant to comparisons.
How Do You Document Equity Compensation?
Stock option grants require documentation showing the number of options, exercise price, vesting schedule, and current or fair market value. For public companies, current stock prices establish market value.
Restricted stock units and stock grants need similar documentation. Show the shares granted, vesting schedule, and value at time of grant or current market value.
Private company equity is more complex. Recent funding rounds establish per-share prices that can value your holdings. 409A valuations provide independent assessments. Document the methodology clearly so USCIS understands how you calculated equity value.
What Comparison Data Demonstrates High Salary?
Comparison data must show that your compensation significantly exceeds what others in your field earn. The Bureau of Labor Statistics Occupational Employment and Wage Statistics provides comprehensive salary data organized by occupation and geography.
Identify the appropriate comparison group. Your field should be defined by occupation, not just employer or industry. A software engineer compares to other software engineers, not to all employees at their company.
Geographic comparisons should match your work location. National averages may be appropriate for some analyses, but regional data for high-cost areas like San Francisco or New York provides more relevant comparisons for workers in those markets.
How High Must Salary Be to Qualify?
There is no fixed threshold, but compensation should be significantly above norms. Being in the top 90th percentile or above typically supports this criterion. Compensation merely above median or average does not demonstrate extraordinary ability recognition.
The USCIS Policy Manual indicates that high salary evidence should show compensation significantly above that ordinarily paid. This language suggests substantial margin above typical compensation.
Context matters. In fields where compensation is generally high, demonstrating you are among the highest-paid requires showing you stand out even among well-compensated peers.
What Data Sources Are Most Persuasive?
Government data from the Bureau of Labor Statistics carries credibility because it is official, comprehensive, and methodology is documented. BLS data provides both national and metropolitan area statistics.
Industry salary surveys from recognized sources like Robert Half, Glassdoor, or field-specific professional associations provide supplemental comparison points. These sources should be reputable and their methodologies should be understood.
Company-specific data showing where you fall relative to internal compensation bands can demonstrate that even your employer recognizes your compensation as exceptional. This works best combined with broader market comparisons.
How Do You Present High Salary Evidence?
Effective presentation requires two components: documentation of your compensation and documentation of comparison data showing that compensation is high.
For your compensation, compile all relevant documents—offer letters, contracts, W-2s, stock documentation, bonus records—organized clearly. Total your compensation and explain how you calculated it.
For comparison data, present statistics showing typical compensation in your field and geography, then demonstrate where your compensation falls relative to that data. Percentile rankings are helpful when available.
What Explanatory Materials Help?
A summary document explaining your total compensation calculation helps USCIS understand complex packages. Show each component, its value, and how it contributes to total compensation.
Expert letters from compensation consultants or HR professionals can explain that your compensation is exceptional relative to market norms. Industry context helps adjudicators unfamiliar with your field understand compensation patterns.
Charts or tables comparing your compensation to BLS data or survey results make the comparison visual and clear. Show the data source, relevant comparison group, and where you fall.
What Mistakes Weaken High Salary Claims?
Inadequate comparison data is a common weakness. Showing high absolute compensation without demonstrating it is high relative to others in your field fails to satisfy the criterion. USCIS needs context, not just numbers.
Inappropriate comparison groups undermine claims. Comparing your salary to all workers rather than workers in your specific occupation inflates apparent relative standing. Use accurate, relevant comparison groups.
Failing to document all compensation components means you may not capture your full earnings. If you receive significant equity or bonus compensation, excluding it understates your total package.
What If Your Salary Varies Year to Year?
Use representative documentation that captures your typical compensation level. If you had one exceptional year followed by ordinary years, the exceptional year alone may not demonstrate sustained high compensation.
Explain variation if it exists. Commission-based compensation or bonus-heavy packages naturally vary. Provide context showing that your average or typical compensation remains high.
Multiple years of documentation showing consistent high earnings strengthens the claim. Sustained high compensation demonstrates ongoing market recognition of your value.
