USCIS Officer Statement about High Salary

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.

The beneficiary’s primary work location is in Saint Augustine, Florida. His position carries a substantial base salary of $176,468, which exceeds the highest salary indicated in national estimates for Computer Systems Analysts (Occupation Code: 15-1211) by $10,768.

It is important to note that the beneficiary’s total earnings are not limited to base salary. Compensation varies based on project utilization, a metric reflecting the proportion of time allocated to active project work. This compensation structure demonstrates both sustained demand for the beneficiary’s expertise and continued high-value contribution within the field.

To provide a comprehensive record of earnings, the petitioner submits W-2 tax documents for calendar years 2022, 2023, and 2024, which reflect actual total remuneration received.

Exhibit 3A: Exceeding Industry High Salaries

The nationwide highest reported salary for Enterprise Data Analytics professionals is $165,700, while the highest reported salary in Florida is $163,270. The beneficiary’s compensation exceeds both figures, demonstrating exceptional standing within the field.

Exhibit 3B: Sustained High Earnings

• 2024 W-2 total compensation: $192,488.15

• 2023 W-2 total compensation: $192,918.22

• 2022 W-2 total compensation: $185,795.69

These figures reflect consistent earnings well above industry benchmarks.

Exhibit 3C: 2025 Pay Statements

Pay statements for January, February, and March 2025 further confirm ongoing remuneration at a level exceeding the industry’s highest earnings.

Exhibit 3D: Private Salary Survey and Job Market Evidence

A private salary survey demonstrates that the beneficiary’s compensation is well above the upper range typically observed for comparable professionals. Additionally, recent job postings for similar roles indicate that the beneficiary’s earnings exceed even the most competitive compensation offers currently available in the market.

Exhibit 3E: Independent Industry Report

According to the CompTIA 2024 Report (page 25), the 90th percentile wage for Enterprise Data and AI professionals in Florida is $158,103. The beneficiary’s 2024 compensation of $192,488.15 substantially exceeds this benchmark, establishing that he commands significantly high remuneration relative to others in his geographic area.

Refer this article :

Exhibit 3F: According to the Bureau of Labor Statistics (BLS) website, the top 90th percentile of salaries for Computer Systems Analysts (Occupational Code 15-1211) is reported at $165,700 annually.