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Explore visasEB-1ACommon RFE topics

Specific evidence

High salary or remuneration

Whether your pay is high compared with others in your field, using reliable comparison data.

What USCIS is questioning

  • Whether your salary or other remuneration is high relative to others working in your field, based on reliable, comparable data.[1,2]

The legal standard

  • 8 CFR 204.5(h)(3)(ix) covers commanding a high salary or other significantly high remuneration for services, in relation to others in the field.[2]
  • The Policy Manual says 'has commanded' does not require past earnings: a credible contract or job offer can count. Comparison data should match the occupation and location, be reliable, and use the same pay basis; pay earned abroad is compared with data for that location rather than converted to U.S. dollars.[1]

How the request usually reads

  • Interpretation An RFE on this criterion typically says the comparison data are too broad, unreliable, or from a different location or pay basis, and asks for data specific to your occupation and area.[1,3]

Evidence petitioners often provide

  • Interpretation Tax returns, pay statements, or contracts; occupation- and location-specific wage surveys, such as Bureau of Labor Statistics data; and employer explanations for paying above survey levels.[1]

Where responses go wrong

  • Self-reported salary websites may not be reliable, especially when few people reported.[1]
  • A founder's modest salary may not reflect their standing; if the criterion does not readily apply to an entrepreneur, highly valued startup equity may be offered as comparable evidence instead.[1]

This information is for general informational purposes and is not legal advice. It does not create an attorney-client relationship and does not predict the outcome of any individual case.

Sources

  1. 1.USCIS Policy Manual, Volume 6, Part F, Chapter 2 — Extraordinary AbilityUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
  2. 2.8 CFR 204.5 - Petitions for employment-based immigrantseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  3. 3.USCIS Policy Manual, Volume 1, Part E, Chapter 6 - EvidenceUSCIS · USCIS Policy Manual · Checked Sep 27, 2026