"High remuneration" for Sport: what counts
Key answer
What works in Sport
- income is significantly above average for the sport and region
- stable payments from contracts, prize money, and bonuses
- there are additional sources: sponsorship, advertising, coaching
Traps that cost the criterion
- treat a one-time win as permanent income
- fail to account for taxes, commissions, and training expenses
- compare different sports without adjusting for the market
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.
- evidence shows actually received or contractually guaranteed high remuneration, not merely expected, advertised, or irregular amounts
- in the final merits assessment, high remuneration is considered together with other evidence and by itself does not replace the required level of recognition or qualification
Where it falls apart: income includes irrelevant components: one time payments, capital, bonuses, business profits, or company payments without explanation of their connection to personal remuneration
How it is worded
The market benchmarks used for the analysis are independent, current, and professionally relevant, allowing for an objective assessment of the exceptional nature of the applicant's compensation.
Avoid: The applicant's compensation is high because the employer values his work.
What else Sport is asked for
- Payment records, prize money, sponsorship agreements, market data
- Certificates, medals, records, rankings, official results
- For EB-1A, the final merits determination is not proven; for O-1, sustained acclaim is not proven
- The evidence shows participation, but not an outstanding level
If the officer already objectedfrom 70 real cases
From community discussions
«If I'm a simple programmer working in Germany as a sole proprietor, and a Sri Lankan company needs a website from me for $800/month - for Sri Lanka that's crazy money, for Germany it's not. Do I need to prove an elevated salary relative to Sri Lanka or relative to Germany?»
Valeri · from public community chats
«I have a breakdown for my field on salary.com, but it says that in Dallas for a Senior Game Programmer the Top Earners (90th percentile) make $141,601, which I'd be skeptical about - like the numbers don't quite match reality.»
Artel · from public community chats
«the commercial success criterion is only relevant for those applying in the field of performing arts. comparing salaries is a different criterion. it has nothing to do with the company's commercial success.»
community member · 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.