Criterion 9 · 8 CFR 204.5(h)(3)(ix)
EB-1A High Salary Threshold Checker
Get a quick, indicative estimate of how your pay compares to a 90th-percentile benchmark for USCIS Criterion 9 (8 CFR 204.5(h)(3)(ix)). Figures are estimates, not official wage tables — confirm your exact occupation and area with BLS or DOL data before filing.
Your compensation inputs
Enter base salary plus any equity and bonus you can document. Government wage tables usually measure wages only, so for filing, compare like-for-like components.
Estimated 90th percentile benchmark
$310,000
USCIS evidence strategy for Criterion 9
- W-2s and 1099s for every year you are claiming high remuneration.
- Recent paystubs or payroll summaries showing base salary run-rate.
- Offer, promotion, or compensation letters stating total target compensation.
- BLS/OES data sheets for the exact occupation code and metropolitan area.
- Company equity valuation letters or 409A summaries supporting RSU or option value.
- Private survey exhibits (Radford, Carta, Levels.fyi) where OES understates the role.
Benchmarks are indicative. Bay Area, NYC, and Seattle use role-level OES-style figures; other metros are indexed estimates. Your filing must cite the exact OES occupation code and metropolitan area release.
Common questions about the high salary criterion
- What does USCIS look for in the high salary criterion?
- Evidence that you have commanded a high salary or other significantly high remuneration in relation to others in your field (8 CFR 204.5(h)(3)(ix)). The USCIS Policy Manual says geographic and occupation-specific wage data, such as BLS or DOL figures or job-specific pay surveys, can support the comparison.
- Can I include stock (RSUs) and bonuses?
- Remuneration can include more than base salary, but the comparison must be like-for-like. Many government wage tables report wages only, so if you add equity or bonus to your side, compare against a survey that also measures total compensation, and document how you valued the equity.
- Are the figures on this page official?
- No. They are indicative estimates. Bay Area, NYC and Seattle use role-level figures from our dataset; other metros are scaled from those. Before filing, pull the current figure for your exact occupation code and area from BLS OEWS or the DOL FLAG wage search.
- Does clearing the benchmark mean I qualify for EB-1A?
- No. Meeting one criterion is a starting point. You need evidence for at least three criteria, and an officer then weighs the whole record in a final merits review.
Sources
Salary is one criterion. You need three.
Run the same forensic test across the other nine regulatory criteria and see exactly where your evidence is thin before an officer does.