EB-1A RFE · 8 C.F.R. § 204.5(h)(3)(ix)

USCIS says your salary or remuneration is not sufficiently high?

The high salary criterion is comparative. It is not enough to show that the petitioner earns a substantial amount in absolute terms. The evidence should establish that the salary or other remuneration is high in relation to others in the field.

Compensation evidence requires both proof of pay and a reliable comparison.

The regulation asks whether the petitioner has commanded a high salary or other significantly high remuneration for services in relation to others in the field. A response therefore normally has two components: reliable evidence of the petitioner’s compensation and reliable evidence showing how that compensation compares with appropriate peers.

The comparison should be selected carefully. Broad national salary averages may have limited value when they combine materially different occupations, seniority levels, industries, geographic markets, compensation structures, or job responsibilities.

The key question: Compared with an appropriate group of others in the field, what does the evidence show about the petitioner’s compensation?

Why USCIS may question high salary evidence.

The filing proves salary but not the comparison.

Pay statements or tax records may establish compensation without establishing whether that compensation is high relative to others in the field.

The benchmark is too broad.

A general salary statistic can be misleading if it includes unrelated occupations, junior positions, different labor markets, or compensation structures that are not reasonably comparable.

Total compensation is asserted without documentation.

Bonuses, commissions, equity, incentive compensation, or other remuneration should be supported by records explaining the amount, terms, and actual or reasonably established value.

Compensation periods do not match.

Comparing annual compensation from one period against survey data from a materially different period can weaken the analysis unless the difference is appropriately explained.

Use compensation records and comparator evidence that can be independently evaluated.

The exact evidence will depend on the petitioner’s occupation and compensation structure. The response should explain why the chosen benchmark is an appropriate measure of others in the same field.

  • W-2s, tax records, payroll statements, employment agreements, compensation statements, or comparable records showing actual salary;
  • Documentation of bonuses, commissions, incentive compensation, equity compensation, or other remuneration where relied upon;
  • Government wage data or occupational statistics relevant to the petitioner’s work;
  • Reliable compensation surveys from professional associations, industry sources, compensation databases, or recruiting organizations;
  • Evidence concerning compensation percentiles where a reliable source provides them;
  • Comparator information tailored to occupation, seniority, industry, geography, or other relevant factors where appropriate;
  • Currency conversion evidence when compensation was earned outside the United States; and
  • A clear calculation showing which compensation components are being compared and why.

Do not let a strong salary claim fail because the comparator is weak.

An RFE response should identify precisely what remuneration is being claimed, the time period involved, and the benchmark used. If several compensation sources are presented, explain how they relate to each other instead of asking USCIS to reconcile inconsistent figures.

Where the petitioner works in a specialized or senior niche, evidence explaining why the selected comparator accurately reflects the field can be as important as the raw salary number.

High compensation can also provide context at final merits.

Satisfying the salary criterion is part of the initial evidentiary analysis. At final merits, USCIS may also consider what the compensation evidence indicates about the petitioner’s standing and recognition when viewed with the entire record.

The ultimate EB-1A determination is not based on salary alone, so the response should integrate compensation evidence with the broader evidence of sustained acclaim and recognized achievements.

Primary authorities8 C.F.R. § 204.5(h)(3)(ix); USCIS Policy Manual, Volume 6, Part F, Chapter 2.

Related EB-1A RFE issues.

Original ContributionsHow to show that original work has major significance in the field.Leading or Critical RoleHow USCIS evaluates the role and the distinguished reputation of the organization.Judging the Work of OthersEvidence of actual participation as a judge in the same or an allied field.Published Material About YouHow to document qualifying media coverage relating to your work.Final Merits DeterminationHow USCIS evaluates the entire record after the initial criteria stage.