High Salary As Evidence Of Extraordinary Ability
I. HIGH SALARY AS EVIDENCE OF EXTRAORDINARY ABILITY
A. The Requirements
AAO has stated that a person must compare his or her salary with the high-end salary of others in the same field. AAO specifically notes that comparison to the average salary is not enough. If possible, AAO prefers that the person also presents information on the salary of well-known individuals of the field. By presenting the evidence of both the average salary and the high-end salary, AAO is more informed about the pay of a field and therefore is more willing to conclude whether the person’s salary is indeed high enough to satisfy this criterion.
Regarding an artist or performer, AAO mentions that it is not enough that the person does well in the profession, but the evidence must prove that the person’s work is comparable with the nation’s top, most acclaimed artists doing similar work. In re Petitioner, EAC-01-179-54032 (AAO).
AAO limits salary comparison to individuals of the same field. For example, AAO does not allow a civil engineer’s salary to be compared against the salaries of the entire field of all engineers. In re Petitioner, WAC-02-247-54048 (AAO). The idea is that a salary higher than salaries of different fields could be due to differences such market situations, rather than ability.
Finally, AAO decrees that the salary must be payment to the person, individually. Payment to a company or a group of people is not the salary for that person. Thus, for a sole proprietor, the gross revenue is not the same as the salary. Only individual salary for the person can be used for comparison purposes for this criterion.
B. Conclusion
Regardless of how much the person is being paid, the person must demonstrate that he or she has commanded a high salary in relation to others in the same field, including experts at the very top of the field.