Criterion 8: High salary
Have you commanded, or will you command, a high salary or other remuneration compared to others in your field?
Last reviewed against the USCIS Policy Manual on
This is one of the 8 evidentiary criteria in 8 CFR 214.2(o)(3)(iii)(B)(8). USCIS looks for evidence under at least 3 of them (or a major internationally recognized award), then weighs all the evidence together.
What the USCIS Policy Manual says
Criterion 8: Evidence that the beneficiary has either commanded a high salary or will command a high salary or other remuneration for services as evidenced by contracts or other reliable evidence. USCIS determines whether the person has commanded or will command a high salary or other remuneration. Examples of relevant evidence may include, but are 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; and - Comparative wage or remuneration data for the beneficiary’s field, such as geographical or position-appropriate compensation surveys. Considerations: If the petitioner is claiming to meet this criterion, then the burden is on the petitioner to provide appropriate evidence establishing that the beneficiary’s compensation is high. Such evidence may include documentation demonstrating the beneficiary is highly compensated in relation to others in the field. Evidence regarding whether the person's compensation is high relative to that of others working in the field may take many forms. Examples may include, but are not limited to, geographical or position-appropriate compensation surveys and organizational justifications to pay above the compensation data. The following webpages, among others, may be helpful in evaluating the relative compensation for a given field: - The U.S. Bureau of Labor Statistics (BLS) Overview of BLS Wage Data by Area and Occupation webpage; and - The U.S. Department of Labor's Career One Stop webpage. Officers should evaluate persons working outside of the United States based on the wage statistics or comparable evidence for that locality, rather than by simply converting the salary to U.S. dollars and then viewing whether that salary would be considered high in the United States. For entrepreneurs or founders of startup businesses, officers consider evidence that the business has received significant funding from government entities, venture capital funds, angel investors, or other such funders in evaluating the credibility of submitted contracts, job offer letters, or other evidence of prospective salary or remuneration for services.
Quotes are word for word from the USCIS Policy Manual. Practitioner tips are common practice, not USCIS rules. For informational purposes only, not legal advice.