Welcome back to our deep-dive series on the O-1A visa criteria. In our last post, we explored how membership in exclusive associations demonstrates peer recognition. Now, we turn to one of the most tangible measures of your standing in your field: your salary.
We are breaking down 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.
The core principle here is simple: the market rewards top talent. A high salary is powerful, objective proof that your skills are in such high demand that you are considered one of the best in your field. This guide will walk you through the most effective way to build your case, focusing on what USCIS adjudicators find most persuasive.
The Strongest Case: A Direct Base Salary Comparison
While “other remuneration” like bonuses and equity can be included, the most straightforward and successful strategy is to demonstrate a high base salary—either one you have earned or one you will earn. This approach is less subjective and easier for USCIS to verify. Your goal is to show that your compensation places you in the top tier of earners in your specific occupation and geographic location.
How to Prove Your Salary is “High”
“High” is relative. The key is to provide official, undeniable context for your past, present, or future earnings.
- Find Your Correct Occupation Code: Don’t just rely on your job title. You need to identify your specific occupation using the Department of Labor’s Standard Occupational Classification (SOC) system. This ensures you are comparing your earnings to the correct professional group
- Benchmark against the 90th percentile: The primary goal is to show your compensation is at or above the 90th percentile of your role in your specific geographic area. This is the clearest indicator of a “high salary” for immigration purposes.
- Gather Authoritative Data Based on Your Work Location:
- For Workers in the United States:
- Government Source: The most trusted tool is the Department of Labor’s FLC Data Center (OFLC) wage search tool. When you input your occupation and county, aim directly for the 90th percentile figure.
- Private Sources: If government data is unavailable or doesn’t accurately reflect your niche, you can use other authoritative sources. This includes reputable, published industry salary surveys from well-known firms like or others specific to your field.
- For Workers Outside the United States:
- Government Sources: The principle is the same, but you will need to find your country’s official equivalent to the U.S. Department of Labor data. For example, someone working in the United Kingdom could use data from the Office for National Statistics (ONS).
- Private Sources: Reputable, multinational compensation surveys (like those from Robert Half) often provide country-specific data. You can also use highly-regarded national salary surveys from credible sources within your country to establish the 90th percentile benchmark. The key is that the source must be widely recognized and authoritative.
Using Total Compensation: Bonuses, Equity, and the Need for Caution
What if a significant portion of your compensation comes from bonuses or equity? You can still use this, but you must be prepared for a higher level of scrutiny. USCIS may question whether these components truly reflect sustained high earnings or are too speculative.
Acknowledging the Scrutiny
- Bonuses: A large, one-time bonus might be viewed as an anomaly. It’s stronger to show a consistent history of high performance bonuses over several years.
- Equity & Stock Options: This is often the most scrutinized area. The value of equity in a private startup is much harder to prove than Restricted Stock Units (RSUs) in a publicly-traded company. Be prepared to provide extensive documentation and truly high levels of compensation in terms of total dollar figures.
Checklist of Supporting Evidence for Total Compensation:
- Signed employment contracts and official offer letters detailing the complete compensation package (crucial for proving you will command a high salary).
- Tax returns and pay stubs from previous years to show a pattern of high earnings.
- For Public Company Equity (RSUs): Publicly filed financial statements to prove the company’s market value and make the stock value non-speculative.
- For Startup Equity: Founders’ agreements, evidence of significant VC funding to validate the company’s valuation, and potentially an expert opinion letter to assess the value of your stake.
Hypothetical Case Study: The Lead Research Biochemist
Please note, the following case study, including the names of the individual and percentile brackets, is fictional and for illustrative purposes only.
To see how this works, let’s consider the hypothetical case of Dr. David Williams, a Lead Research Biochemist at a major pharmaceutical company in London.
- The Compensation Package: Dr. Williams’ remuneration includes a $380,000 base salary.
- Proving the Compensation and its High Value:
- Direct Evidence: His petition included his signed employment contract, recent pay stubs, and tax return to prove his salary.
- Comparative Data: The petition includes a report from the OLC wage database for “Biochemists” in the London metropolitan area to show his base salary alone far exceeded the 90th percentile.
- It included a specialized pharmaceutical industry compensation survey, which showed his salary placed him in the top 5% of earners for comparable senior research roles in the U.K.
- Organizational Justification: A detailed letter from his employer explained that this premium compensation package was necessary to retain a scientist of his caliber, citing his leadership on a drug program in advanced clinical trials and his portfolio of high-impact patents.
- Direct Evidence: His petition included his signed employment contract, recent pay stubs, and tax return to prove his salary.
By focusing on a clear, verifiable comparison of her offered salary to official government data, as well as supplemental information like the survey and letter, Dr. Williams successfully demonstrated that his remuneration was “high” and met the O-1A standard.
Final Thoughts: Let the Market Speak for You
Criterion 8 is a powerful, data-driven way to prove your extraordinary ability. It uses an objective measure—your compensation—to demonstrate how highly your field values your contributions. By meticulously documenting your earnings and providing clear, comparative evidence, you can make a compelling case that you are, indeed, at the very top of your field.
📩 Ready to explore how the O-1A visa can benefit your company? Schedule a consultation with us today!
