What counts as evidence that one has commanded a high salary or other significantly high remuneration for services, in relation to others in the field for EB-1A?
Salary/remuneration receipts in the form of official government tax returns (i.e. Form W-2s, Form 1099s, or the foreign equivalent).
Only base salary should be considered.
The salary must be well-above the 90th percentile of comparable wage data.
Geographical or position-appropriate compensation surveys and organizational justifications to pay above the compensation data.
Three websites that may be helpful in evaluating the evidence provided by the petitioner are:
The Bureau of Labor Statistics (BLS):
http://www.bls.gov/bls/blswage.htm
The Department of Labor’s Career One Stop website:
http://www.careeronestop.org/SalariesBenefits/Sal_default.aspx
The Department of Labor’s Office of Foreign Labor Certification Online Wage Library:
Salary.com and Payscale.com also provide statistical to show that the petitioner’s salary is well-above the 90th percentile of comparable wage data.
What does NOT count as evidence that one has commanded a high salary or other significantly high remuneration for services, in relation to others in the field for EB-1A?
Benefits (i.e. tuition reimbursements, healthcare/medical allotments, profit-sharing incentives, stock options, 401(k) contributions, etc.)
Bonuses MAY qualify as part of one’s compensation, ONLY if the petitioner has actual receipt of the bonuses and they are included in the total wages section of the individual’s tax returns.
What documentation do I submit to USCIS as evidence that I have commanded a high salary or other significantly high remuneration for services, in relation to others in the field for EB-1A?
Copies of the petitioner’s W-2 or 1099 forms for years in which the beneficiary has received a high salary in the field of endeavor.
Alternatively, the petitioner may provide similar foreign tax documents which establish yearly wages earned outside the U.S.
Media reports of notably high salaries earned by others in the beneficiary’s field.
List compiled by credible professional organization(s) of the top earners in a field.
Geographical or position appropriate compensation surveys;
Organization justifications to pay above the compensation data;
Information from the U.S. Department of Labor or similar sources that show the comparison of salaries within states, between states, etc. (see note below).
Note: U.S. Department of Labor prevailing wage rate information alone does not generally establish whether the salary or other remuneration is “significantly” higher than that of others in the field.
If U.S. Department of Labor prevailing wage rate information is submitted, it should be accompanied by other corroborative evidence showing that the wage rate is high relative to others working in the field. (See examples above).