There are 2 types of evidence you need to prepare to satisfy the high salary or significant remuneration criteria. First, evidence of your actual salary. Second, evidence of your salary being high compared to others in your field.
Evidence of Your High Salary
- Annual income statement
- Annual tax return
- Monthly pay stubs
- Accountant’s letter of support
- Letter from employer or supervisor containing information regarding your high salary and why you are paid at that level
- Form W2s, Form 1099s
- Foreign equivalent to any of the above
- Contracts stating your salary or payment
- Letters from employer regarding a bonus or stock
- Record of ownership for stock
- Evidence of a received bonus
Evidence of Your Salary Compared to Others in Your Field
- O*Net Online
- Media discussing high compensation of individuals in your field
- Lists of top earners in your field created by credible professional organizations
- Comparisons from Salary.com, Indeed.com, and Payscale.com
- Comparisons from the Bureau of Labor Statistics: https://lnkd.in/ewS3qMWQ
- Information from the Department of Labor’s Office of Foreign Labor
- Certification Online Wage Library: https://lnkd.in/eneMhUEs (evidence that your salary is a level 4 wage at least, based on this source, is the strongest)
- Data from the Department of Labor’s Career One Stop website: https://lnkd.in/ejAHhFNT
- Geographical or position appropriate compensation surveys
- Employer letter stating compensation is high compared to other professionals with similar education and experience at your organization and is based on your expertise in your field
Considerations
- Consider a salary above the 90th percentile as likely high enough for EB1
- Client payments aren't the same as salary; show personal take-home amounts after expenses
- Base salary is the norm for salary comparisons in your field
- Benefits such as insurance, reimbursements, allotments, incentives, 401(k) contributions, travel, etc. likely don't count as evidence
- Bonus and stock evidence is only useful if you can show you received them
- Bonuses likely only work when included in the total wages section of an individual tax return
- The value of stock is easier to show at a public company
Each EB1A application is distinctive, so be meticulous in gathering and presenting evidence to showcase your eligibility.
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