O1B Visa Salary

O1B Visa Salary

 

I. Breakdown of the Law

This criteria is met if applicant has or will earn a high salary in their field. This law has (2) main parts.

Part One

  1. Has Earned
  2. A High Salary
  3. In their field

Part Two

  1. Will Earn
  2. A High Salary
  3. In their field

 

II. Meeting the Criteria

When deciding whether an applicant meets this criteria, it’s important to consider the following information for the highest salaries or payments they have received for work in their field

  1. Years Worked
  2. Compensation
  3. Job Title

 

Match Ups

This tangible information matches up with the actual law in the following way.

Part One

  1. Has Earned = = > Years worked
  2. A High Salary = = > Compensation
  3. In their field = = > Job Title

Part Two

  1. Will Earn = = > Years worked
  2. A High Salary = = > Compensation
  3. In their field = = > Job Title

 

III. Proving it to USCIS

1. Years Worked

Law

This category proves match-up (1), applicants has made or will make a high salary.

What USCIS Is Looking For

USCIS wants to see it’s at least in your recent history. It goes to the overall criteria of being “at the top of your field” if it was recent. The longer the better.

How to Prove It

Put the dates in the application.

Examples

Made 30,000 in one week ten years ago = not good.

Made 30,000 a week for 5 years = good.

 

2. Compensation

Law This category proves match-up (2), applicants has made a high salary.

What USCIS Is Looking For

USCIS wants to see that you are well compensated for your field, people that get paid more than the average worker in their field.

How to Prove It

You can get the average income of a job title from the Department of Labor website. Then you compare to your income, past or future, and if there is a “substantial” difference, then you have a good claim.

What is substantial?

Examples

If most makeup artist makes $ 30,000 a year, and you make $ 35,000 a year, this is not a high salary. However, if you are a makeup artist making $ 100,000 a year, that would be a high salary, which if you were a CEO making that amount, it would not be.

 

3. Job Title

This category proves match-up (3), applicants has made a high salary in their field.

What USCIS Is Looking For USCIS

wants to see that you have a history of a high salary, or future, for the exact job you are applying for. If you are saying that you will earn a high salary, that’s easy. However, if the proof is that you have earned a high salary in the past, ideally the job title of your past job is the same as your future.

USCIS will accept affiliated or related jobs, but they aren’t as powerful. If they aren’t related or similar, then it won’t count.

How to Prove It

If your job title is the same, simply list your job title, and some of your duties. If your job title is different, depending on how different it is, you need to prove that the jobs are very similarly related. The best way is to use the Department of Labor as a source showing they are similar, and then comparing the job duties.

Examples

You are applying to be a dancer. You made a high salary as a dancer = great.

You made a high salary as a choreography = okay.

You made a high salary as a construction worker = completely irrelevant, don’t use.

 

IV. Difficulty

Level of Difficulty

This criteria is a level 4 difficulty. Most people who get O-1B Visas do not meet this criteria.

When you think that you only have to prove you make a lot compared to the average in your field, however, it becomes a little easier.

 

Related Criteria

There is the same exact criteria section for O-1A Visas.

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