On EB-1A and high salary

Here’s a post by immigration lawyer Amber Davis on EB-1A and high salary:

A lot of EB-1A applicants seem to think that when claiming high salary, you should claim total compensation.

Contrary to what you might think, you should actually be claiming high salary based on your base salary, even though that number tends to be lower.

Why?

Because when you reference base salary when claiming this criteria, you just need a base salary that’s high in relation to other base salaries in your field.

When you reference total compensation when claiming this criteria, USCIS will check to see if your total compensation counts as “significantly high” remuneration, and not just “high” salary. To meet this standard, USCIS will often ask for lists of the top paid people in your field and will want to see that you are on that list.

In other words, USCIS will hold you to a much higher standard for this criterion if you claim total compensation versus referencing just your base salary figure.

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Interested in EB-1A, EB-2 NIW or O-1? Feel free to reach out to Amber at amber.davis@waypointimmigration.org or via LinkedIn messages.

Interested in profile-building for EB-2 NIW and maximizing your chances of approval? Check out Amber’s course, NIW Ready, which helps those of you who want to build a strong NIW profile in 2-3 months. You’ll also be considered for Amber’s refundable case package, which guarantees a refund of only attorney fees if your case does not get approved. At the end of the course, assuming you do the work, you’ll be ready to file.