"High remuneration" for IT / software: what counts
Key answer
What works in IT / software
- Income significantly above the market median for the role and region
- Stable payments: salary, bonuses, stock options, or premiums confirmed by a contract
- Income growth tied to the level of responsibility, expertise, and product impact
Traps that cost the criterion
- Comparing income without accounting for taxes, currency, and cost of living
- Treating a one-time bonus as permanent income
- Evaluating only salary without considering workload, overtime, and risks
What the officer has to find
It is sufficient to show, by a preponderance of the evidence, that the petitioner has received or should receive remuneration noticeably higher than the relevant market, and that the comparison sources allow the officer to objectively determine that the pay is above the ordinary level for similarly situated professionals.
- the comparative data is reliable, independent, and relevant: industry surveys, government statistics, professional salary databases, or comparable market sources
- the comparison is made to the proper group: similar occupation, level of responsibility, experience, specialization, geography, and type of employment
Where it falls apart: the comparison is made to an unsuitable group: too broad a profession, a different market, a different seniority level, or an incomparable employment arrangement
How it is worded
The comparative data confirm that the applicant falls within the upper compensation tier among comparable professionals, and that his income is not merely a reflection of general pay levels in the industry or region.
Avoid: The applicant earns good money for his country.
What else IT / software is asked for
- Media coverage, conferences, podcasts, program committees
- Letters from independent experts with specific details on impact
- It is not proven that the applicant personally made a key contribution
- Evidence shows a standard senior role, not an outstanding level
If the officer already objectedfrom 70 real cases
From community discussions
«Don't sweat the money criterion too much. It's the least reliable one. I currently have an RFE on VP of Engineering with a salary over $500k, which is more than twice the level 4 Onet for a CS Manager, and USCIS still wrote that it's not obvious it's significantly higher.»
Simon · from public community chats
«You have to prove either a high salary - a high wage, or significantly high total. That's what they wrote me in the rfe, and they wrote that in the evidence you have to clearly separate: whether you're proving base or total.»
Mikhail · from public community chats
«While the annual salary appears higher than the reported average, the evidence does not support a determination that it is a high salary in relation to similarly employed individuals in the same geographic area. An above-average salary does not necessarily equate to a high salary for purposes of satisfying this criterion.»
Nikolay · from public community chats
Personal opinions of community members from public discussions, not legal advice.
The same criterion in other fields
Reference information and community experience, not legal advice. The AAO figures are lessons from appeals, not approval odds; fees and timelines change - verify on uscis.gov.