The U.S. EB-1A Extraordinary Ability Immigration Application Regulations provides 10 criteria for general applicants. Applicants who can meet at least 3 of them can be regarded as outstanding talents and immigrate to the United States through this program. Today we will briefly analyze and explain the "high salary".

Compared with the other conditions of EB-1A, the application condition of "high salary" is less frequently claimed. According to the analysis of lawyers in the United States, these two factors are related:

1. The psychology of Chinese applicants tends to be unassuming, especially with regard to income;

2. The income structure of applicants is diversified, and some applicants cannot provide a complete flow certificate for all income.

[Original Regulations] Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.

In actual applications in the past, lawyers believe that the US immigration officer’s judgment focuses on the following two points:

1. Compared with peers and professionals of the same level.

In submitting this condition, the applicant should submit clear evidence indicating that in the same or similar field, the applicant has significantly higher income or remuneration than others in the same position. It cannot be cross-industry, and there can be no difference in position and level.

2. It is necessary to prove "significantly higher".

The comparison standard here is the average salary in the industry, not just colleagues working together. The industry peers who need to prove that they are higher than the equivalent position do not need to provide absolute numbers here. It is a relative concept. There are also different requirements for applicants from different countries. The application certificate should be evaluated based on the salary statistics of the country (such as industry salary reports) and the comparability certificate, not simply converted into US dollars to see if it is a high salary compared with the American salary.

In addition, it should be noted that the legal provisions use the words "Salary" (Salary) or "Remuneration" (Remuneration). "Salary" refers to the fixed remuneration paid to labor services, generally referring to annual salary, monthly salary, etc.; "remuneration" refers to the money paid by a person after work, or remuneration. Therefore, we believe that the income compensation calculated or derived based on the salary, no matter its name is bonus, commission, allowance or dividend, it can be included in the scope of "remuneration" in the measurement standard of outstanding talents.

However, the income that the beneficiary can claim must be income that can only be obtained in the professional field. For non-professional fields, such as stock trading, art or real estate investment, book royalties in non-professional fields, etc. Income not related to the professional field is not counted.

In conclusion, considering whether an applicant meets the criteria of "high salary", the following two considerations are basically taken.

The income of the applicant is "significantly higher" compared to the same position in the peer;

The applicant can provide objective flow, proof and other evidence of all these incomes.