USCIS Officer Statement about High Salary
and Real Response from Applicants after consulting with Counsel.
The petitioner submitted evidence of salary and wages. The plain language of this criterion requires evidence of the beneficiary’s salary or remuneration in the field and that the beneficiary’s salary or remuneration is significantly high relative to others working in the field. The petitioner must satisfy both of these elements to meet the plain language requirements of this criterion.
There is insufficient evidence to establish that the beneficiary’s salary was high or that the total remuneration was significantly high when compared to others employed in a similar position during the relevant period. Evidence relevant to demonstrating that a given salary is considered “high” may include comparative wage or remuneration data for the person’s field, such as geographical or position-appropriate compensation surveys.
While the annual salary appears higher than the reported average, the evidence does not support a determination that it qualifies as a “high salary” in relation to similarly employed individuals in the same geographic area. An above-average salary does not necessarily equate to a “high salary” for the purpose of satisfying this criterion.
The petitioner must present evidence showing that the beneficiary has earned a high salary or significantly high remuneration in comparison with those performing similar services in the field.
Relevant case law includes Matter of Price, 20 I&N Dec. 953, 954 (Assoc. Comm. 1994); Skokos v. U.S. Dept. of Homeland Sec., 420 F. App’x 712, 713–14 (9th Cir. 2011); Crimson v. INS, 934 F. Supp. 965, 968 (N.D. Ill. 1996); and Muni v. INS, 891 F. Supp. 440, 444–45 (N.D. Ill. 1995).
Response (Real Applicant Response After Consultation With Counsel)
The beneficiary respectfully submits the following response after careful review of the Service’s concerns and consultation with experienced immigration counsel. Although this petition was self-filed, the beneficiary structured this response to align with applicable statutory language, regulatory requirements, and relevant precedent decisions.
The beneficiary respectfully submits additional evidence to further establish that his salary is significantly higher than the highest reported industry benchmarks, reinforcing his extraordinary ability.
