O‑1B Visa Salary Requirements
The salary criterion for the O‑1B visa is met when the applicant has earned or is expected to earn a high salary in their field. This requirement is divided into two main parts: first, evidence that you have already earned a high salary, and second, evidence that you will continue to earn a high salary in your line of work.
To demonstrate the first part, you should provide details from your past employment, including the time period during which you worked, the compensation you received, and your job title in your field.
For the second part, you must present similar information for your future employment—showing the expected duration, the anticipated compensation, and the corresponding job title in your field.
USCIS prefers that the high salary evidence is recent and consistent. For example, stating that you earned $30,000 in one week ten years ago is not as persuasive as showing that you earned $30,000 per week consistently for five years.
Additionally, to prove that your salary is high relative to the industry average, you can reference the average income for your job title from the Department of Labor and then compare that to your actual or projected earnings. For instance, if most makeup artists earn around $30,000 a year, but you earn $100,000 a year, your salary clearly exceeds the norm. However, a small difference, such as earning $35,000 when the average is $30,000, would not be sufficient.
Moreover, USCIS wants to see that your current or future role is directly related to the role in which you earned a high salary. If your past and future job titles are identical or very similar, your claim is stronger. If they differ, you must demonstrate that the roles are closely related, using comparable job duties and supporting data from sources like the Department of Labor.
Overall, this salary requirement is considered a level 4 difficulty. Most O‑1B applicants struggle to meet this criterion, so it’s important to think creatively and provide compelling evidence that your compensation significantly exceeds the industry standard.
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