High salary in relation to others: what it means in an RFE or denial
Updated: Author: Alina Kanametova
Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
How USCIS checks this criterion
- 1«USCIS determines whether the person's salary or remuneration is high relative to the compensation paid to others working in the field.»
What it means
High salary
High salary is an O-1 / EB-1A criterion: your remuneration is significantly above what is typical for the occupation and region. It is compared against the prevailing wage: you need documented income plus the statistics it is measured against.
Income is proven with contracts, tax documents, statements; the 'high' part - by comparison with occupation and region data. Compare correctly: same occupation, same market.
For founders and freelancers with non-standard income structures the criterion is trickier - what works there is covered in the evidence materials.
The glossary entryFrom the knowledge base: Glossary of Terms for U.S. Talent Visas O-1, EB-1, EB-2
This is the layer of terminology that separates people who just read instructions from those who understand the reasoning behind denials. All these terms appear in AAO decisions and in RFE texts, and without knowing them, it is impossible to understand why some cases are denied despite meeting all criteria.
Read the full articleThe "High remuneration" criterion: what a response does with it
7 typical objections across 70 real denials - broken down on the criterion page.
No comparison with the field
Show that the applicant's personal compensation is significantly higher than the typical level for the same role, industry, region, and period.
Evidence: Comparison table with industry sources, salary surveys, government statistics data, recruiting platform reports, explanation of methodology.
Both elements of the criterion are not proven
Break the argument into two elements: compensation actually received and its high level relative to comparable specialists.
Evidence: Contracts, pay stubs, tax forms, bank deposits, comparative analysis with the median and upper percentiles in the field.
Average salaries are insufficient
Use average values, upper percentiles, senior-level compensation ranges, and data for similar positions.
Evidence: Reports with percentiles, compensation surveys, industry salary benchmarks, a table calculating the excess over the 75th or 90th percentile.
What the officer actually did with this criterion
Across 155 of 259 real notices where this criterion appears, what the officer's own text did with it. In 43% he discussed the evidence that was filed; in 26% the criterion appeared only as recited regulation.
- engaged with the evidence43% · 66the officer wrote about the specific exhibits, not the criterion in general
- only recited the criterion26% · 41the regulation text with no discussion of what was filed
- questioned it20% · 31asked for more without deciding
- explicitly rejected it6% · 10
- explicitly accepted it3% · 5
- noted nothing was filed1% · 2
These are notices - petitions that already drew an RFE, a NOID or a denial - so none of this is an approval rate. It measures attention, not outcome: a criterion the officer usually only recites is one where more exhibits are unlikely to change the reading, and a criterion he argues with in detail is where the response has to do its work.
What the chats ask about "High salary in relation to others"
- 2×Given: I am 30 years old, hold a bachelor's degree in management, have 8 years of work experience, and am currently not employed. I have no achievements, but I had a high salary for my position. If I come up with a business idea and use AI to create a business plan, will that give me a chance?
- 1×What if I am self-employed and earn a high salary?
- 1×How many years should a high salary be maintained?
- 1×How to prove a high salary?
- 1×How to prove Evidence that the alien has either commanded a high salary or will command a high salary if you are a sole proprietor?
- 1×In English, what should I write as an introductory paragraph for Evidence that the alien has either commanded a high salary or will command a high salary?
Community answers
- How do you prove the high salary criterion for O-1 or EB-1A?
- It is usually important to show that the income is significantly higher than the comparable level in the profession, region, and time period. One short high-value contract may be weaker than a consistent history of high earnings, so contracts, tax records, payment confirmations, and market salary sources are useful.
Rules and tips from the chats
- tipFor the high salary criterion, tax forms, employment contracts, pay stubs, bank deposits, and market comparison data can be used. It is important to prove the income amount and that it is higher than the typical level in the same field and region.
- tipIf the petition uses a high salary as evidence, you need to include your own salary data and reliable market comparison data or official statistics.
- tipA high citation index, publications, peer review, patents, media, critical role, and high salary can be used as evidence, but the set of criteria depends on the specific profile and field.
- ruleFor the high salary criterion, income is usually compared with similar professionals in the same field and country of employment, not with U.S. salaries, otherwise the criterion may be set unreasonably high.
- ruleFor the high salary criterion, income must be compared with the income of professionals in the same field, at the same level of expertise, and in the same region; objective proof such as tax documents and market data is usually required.
- tipFor the high income criterion, it is not enough to simply show a high salary. External confirmation is needed: official statistics, industry reports, government agency data, or authoritative sources for a comparable position, period, and region.
Questions and answers on the site
Distilled from the public community chats, anonymised; corpus as of June 2026. These are participants' observations, not legal advice and not USCIS statistics.
Related
Frequently asked questions
- What does "High salary in relation to others" mean?
- High salary is an O-1 / EB-1A criterion: your remuneration is significantly above what is typical for the occupation and region. It is compared against the prevailing wage: you need documented income plus the statistics it is measured against.
- What does "USCIS determines whether the person's salary or remuneration is high relative to the compensation paid to others working in the field." mean?
- The Policy Manual test for this criterion (Vol. 6, Part F, Ch. 2): USCIS determines whether the person's salary or remuneration is high relative to the compensation paid to others working in the field.
- Where is this stated officially?
- 8 CFR 204.5(h)(3) - the text of the criteria: https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-204/subject-group-ECFR96c9ef8bde35b31/section-204.5
The sentence is quoted from its official source (link under the quote); the explanation is assembled from the site glossary, the precedent notes, the knowledge base and distilled community observations. Not legal advice; the site is not affiliated with USCIS.