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law offices of marcus yi
​the o-1 visa lawyer

WHAT IS A HIGH SALARY FOR O-1 VISA?

The O-1 visa is designed for individuals with extraordinary ability in fields such as science, business, education, athletics, and the arts. One of the ways to demonstrate eligibility is by proving that you earn a high salary compared to others in your industry. But what exactly qualifies as a high salary for an O-1 visa?

The answer depends on your industry, position, and market standards. A doctor’s high salary is different from an actor’s, and salaries vary significantly between fields. Understanding how to establish your compensation as exceptional can strengthen your O-1 visa petition.

How Is a High Salary Determined for an O-1 Visa?
To meet the high salary criterion, you need to show that your earnings are above the average for your industry and role. USCIS evaluates salary in comparison to others working in your field, so what qualifies as "high" depends on:
  • Your industry (e.g., tech, medicine, entertainment, sports)
  • Your job title and experience level
  • Geographic location (salaries differ between states and cities)
  • Industry wage benchmarks (data from salary reports and labor statistics)

How to Prove a High Salary for an O-1 Visa

To demonstrate that your salary is significantly higher than others in your field, you should provide:
1. Employment Contracts or Offer Letters
  • Signed contracts detailing your salary and compensation package
  • Offer letters from previous or current employers confirming your pay
2. Tax Returns or Pay Stubs
  • IRS tax filings or W-2 forms showing past earnings
  • Recent pay stubs demonstrating current income levels
3. Industry Salary Reports
  • Salary surveys from sources like Bureau of Labor Statistics (BLS), Glassdoor, Payscale, or industry-specific reports
  • Documents comparing your salary to the median salary for your profession
4. Expert Letters
  • Letters from industry professionals or employers confirming that your salary is in the top percentage of earners in your field

Industry Examples of High Salaries for an O-1 Visa

While specific salary benchmarks depend on your field, here are a few industry examples:
  • Doctors: $250,000+ may be considered high, depending on specialization
  • Software Engineers: $180,000+ at major tech firms could be a strong indicator
  • Actors & Musicians: Highly variable, but consistent six-figure earnings or significant contracts may qualify
  • Athletes: Professional contracts with above-average salaries for the sport can demonstrate extraordinary ability

There is no fixed salary threshold for an O-1 visa, as it depends on industry standards and your role. The key is to show that your compensation is significantly higher than the average for professionals in your field. Providing employment contracts, tax returns, salary surveys, and expert letters can help establish your high salary as part of your O-1 visa application.
If you need guidance on proving your salary meets O-1 visa criteria, consulting with an immigration attorney can help ensure a strong and well-documented petition.

Need help with your O-1 visa application? Contact us today for expert assistance!

MEET YOUR NEW ATTORNEY

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Marcus Yi, Esq. provides personalized immigration law representation for both employment and family based immigration matters. An artist himself, Mr. Yi understands the unique nature of the arts industry, and is fully qualified to provide the best service for artists seeking to work in the United States.

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He has represented corporations, non-profit organizations, and individuals, in the process of obtaining temporary visas for work, study and training, lawful permanent residence (a “green card”) and U.S. citizenship. He advises employers and individuals on all phases of immigration applications, from screening prospective hires to identifying visa strategies for new jobs and career transitions, through employment-based paths to permanent residence and naturalization. 

Marcus Yi graduated from  St John’s University School of Law, where he earned a Juris Doctorate degree in 2011. He is a member of the New York State Bar and is licensed to practice in State and Federal court. He is also a NYC member of the American Immigration Lawyers Association New York Chapter.

CONTACT US

Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are devoted to guiding you through US immigration law so contact us today to schedule a consultation.

Law offices of marcus yi: O1 visa lawyer NYC

​315 W. 36th St
New York NY 10018

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