This criterion is not about earning a large number. It is about earning a large number relative to others doing what you do, which makes the comparison data part of the evidence rather than context around it.
- The test is relative, to others working in the field
- You do not need to have earned it yet. A credible prospective offer can establish it
- The comparison data must be valid, and USCIS names the ways it fails
- Location matters, and currency conversion alone is not the method
- Founders have a documented alternative through the comparable evidence provision
What the regulation says
"Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field" 8 CFR 204.5(h)(3)(ix)
The phrase "in relation to others in the field" is the criterion. Without a benchmark, a salary figure is a number an officer has no way to weigh.
"Has commanded" does not mean "has already been paid"
This is the part that surprises people who are between roles or moving into a new one:
"USCIS does not interpret the phrase 'has commanded' to mean that the person must have already earned such salary or remuneration in order to meet the criterion. Rather, a credible contract or job offer showing prospective salary or remuneration may establish that the person has been able to command such compensation." USCIS Policy Manual, Volume 6, Part F, Chapter 2
The evidence USCIS lists reflects that. Tax returns, pay statements, or other evidence of past salary. Contract, job offer letter, or other evidence of prospective salary. And comparative wage or remuneration data for the field, "such as geographical or position-appropriate compensation surveys."
Note the third item is listed as evidence in its own right, not as supporting material.
Where comparisons go wrong
USCIS sets out four considerations for whether a comparison is accurate, and each one is a way a plausible-looking submission collapses.
The description of the occupation. Broad categories that sweep together multiple occupations or industries "may not provide an accurate comparison to others in the field". The example given is that "directors and producers" might be a single category across industries, so evidence that a film director is highly paid based on data mixing film directors with radio show producers "may not be sufficiently probative".
The validity of the survey. The guidance warns specifically about "websites [that] provide user-reported salary data, which may not be a valid comparison if, for example, too few users reported their salaries or the data is otherwise not credible or reliable." That covers most of the salary sites people reach for first.
Location and currency.
"Officers evaluate persons working outside of the United States based on the wage statistics or comparable evidence relevant to the applicable work location, rather than by simply converting the salary to U.S. dollars and then viewing whether that salary would be considered high in the United States" USCIS Policy Manual, Volume 6, Part F, Chapter 2
That cuts both ways. A salary that looks modest converted into dollars may be conspicuously high in its own market, and that is the comparison the guidance asks for.
The rate being measured. Hourly against annual, day rates, project fees. USCIS notes many artists are paid a daily rate "which may not be equivalent to 8 hours" or a fixed amount for a project involving an unknown number of hours, and that hourly wage data can still be probative if the petitioner documents hours worked, through pay statements, personnel records, or testimonial evidence from the employer.
The data sources USCIS names
The guidance points to two specifically:
- The Bureau of Labor Statistics (BLS) Overview of BLS Wage Data by Area and Occupation webpage
- The Department of Labor's Career One Stop website
It also says evidence "may take many forms", giving "geographical or position-appropriate compensation surveys and organizational justifications to pay above the compensation data" as examples. That second item is easy to overlook: a documented internal justification for paying you above band is itself evidence about your standing.
Founders and entrepreneurs
Two passages matter here, and they point in different directions.
For founders who do take a salary, USCIS says officers consider "evidence that the business has received significant funding from government entities, venture capital funds, angel investors, or other such funders in evaluating the credibility of submitted contracts, job offer letters, or other evidence of prospective salary or remuneration for services." So funding makes a prospective salary believable.
For founders who do not, the comparable evidence route is named explicitly:
"As another example, if the petitioner demonstrates that receipt of a high salary is not readily applicable to the person's position as an entrepreneur, the petitioner might present evidence that the person's highly valued equity holdings in the startup are of comparable significance to the high salary criterion." USCIS Policy Manual, Volume 6, Part F, Chapter 2
That is an unusually direct piece of guidance and it resolves a common worry: the founder paying themselves nothing while holding meaningful equity is not shut out of this criterion. Profile building for founders covers the wider picture.
What to submit
- Your compensation, documented: pay statements, tax records, or the signed contract or offer for prospective pay
- Total remuneration, not just base: equity, bonuses, and other significantly high remuneration are within the criterion's words
- A benchmark from a named, credible source, dated, with the occupation description shown
- Evidence the occupation category matches your actual work, rather than a broad bucket
- For work outside the United States, wage data for that location rather than a currency conversion
- For non-annual pay, documentation of hours or scope so the comparison is like for like
- Any organisational justification for paying above the band
The second step still applies
Meeting this criterion is step one. In the final merits determination the officer weighs the record as a whole against the question of whether you are among the small percentage at the very top of the field. High pay is genuine evidence of market recognition, and it is one strand. When your profile is ready to file covers what the second stage asks, and which criteria to build first covers where this one sits in a build plan, since unlike judging or press it is mostly a documentation exercise rather than something you can go and create.
Sources
All accessed 23 August 2026.
- USCIS Policy Manual, Volume 6, Part F, Chapter 2. The criterion 9 discussion and the comparable evidence section, source of every Policy Manual quotation above.
- 8 CFR 204.5(h)(3)(ix), eCFR. The text of the criterion.
- Bureau of Labor Statistics, Wage Data by Area and Occupation, named in the guidance.
- CareerOneStop, the Department of Labor site named in the guidance. We have not linked it directly because we could not load the page to confirm the URL; find it through the Policy Manual footnote or the Department of Labor.
We publish no salary thresholds or percentile targets here. None appear in the regulations or the Policy Manual, which asks for a comparison to others in your field rather than a fixed figure.
This article describes evidence-building strategy in general terms. It is not a substitute for advice from your attorney about your own case.
Frequently asked questions
Do you have to already earn the high salary?
No. USCIS states it does not interpret the phrase 'has commanded' to mean the person must have already earned such salary or remuneration, and that a credible contract or job offer showing prospective salary may establish the criterion.
What counts as high?
There is no threshold. The criterion asks whether the salary is high in relation to others in the field, so the answer depends entirely on the comparison data submitted alongside it.
Can you use online salary sites as comparison data?
With care. USCIS flags that some websites provide user-reported salary data, which may not be a valid comparison if too few users reported or the data is otherwise not credible or reliable. It points to Bureau of Labor Statistics wage data and the Department of Labor's Career One Stop as potentially helpful.
What about someone working outside the United States?
USCIS says officers evaluate persons working outside the United States based on wage statistics or comparable evidence relevant to the applicable work location, rather than simply converting the salary to US dollars and asking whether that would be high in the United States.
What can a founder submit?
The guidance says that where a high salary is not readily applicable to a person's position as an entrepreneur, the petitioner might present evidence that highly valued equity holdings in the startup are of comparable significance to the high salary criterion.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.