Law Offices of Chris M. Ingram

High Salary Category

National Interest Waiver Video Series 


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National Interest Waiver (NIW) Video Presentation Series – High Salary

Welcome to our National Interest Waiver (NIW) video presentation. In this section we’re going to continue our review of the seven NIW requirements. Ok – let’s get started.



High Salary

4. Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability

High Salary/ High Remuneration: Category four of the NIW checklist is ‘Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability’. Many professionals are paid by way of a salary whilst others are maybe paid by the project and some get paid in a combination of ways depending on the nature of the profession that they are in. Again, the regulations state ‘your exceptional ability’ and we have discussed in other presentations within this series that the word exceptional has particular legal significance. 

For the EB1 green card the term used in high pay states that ‘the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field’. For the EB2/NIW the wording is ‘… commanded a salary…..that demonstrates your exceptional ability’. In an EB1 case we have to prove that the alien has extraordinary ability whereas with the EB2/NIW we have to show that the alien has exceptional abilities, which is considered to be a lesser or lower threshold of proof.

Therefore, we can conclude that earnings would need to be quite high, but not necessarily above the 90th percentile in the income range for the profession. Typically for EB1 cases we have to show that the alien earns more than the 90th percentile to demonstrate that the alien earns significantly higher remuneration than their peers. Thus, for an EB2/NIW case we would submit that that success could be achieved where the applicant made less than the 90th percentile and could still be considered as being evidence of exceptional ability.

Any EB2/NIW client that was able to command an income above the 90th percentile should be considered a strong candidate for this category.

Immigration Law Offices of Chris M. Ingram

Immigration Law Offices of Chris M. Ingram

US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
401 Wilshire Boulevard, 12th Floor,
[Cross Streets 4th and Wilshire]
Santa Monica,
California 90401
Tel: 310 496 4292

Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients.

Please note that nothing contained in this website or link therefrom shall be regarded as providing legal advice. Please contact us directly for legal advice specific to your situation. Thank You.

Specializing in the E2 Visa, EB1 Green Card, L-1A Visa and O1 Visa and K1 Visa Marriage-Based Immigration. Attorney Chris M. Ingram is dedicated to providing the very best in US Immigration legal representation. Enjoy our website.

Important Notice: Please note that all videos created by the Law Offices of Chris M. Ingram are intended as general information only and not specific legal advice pertaining your case. If you would like specific legal advice on any immigration matter please do not hesitate to contact this law office accordingly. All pictorial images used in these videos and the website in general are licensed stocked images and not portraits, or otherwise, of anyone from the Law Offices of Chris M. Ingram, nor of its clients unless otherwise indicated by name. All images are used solely for illustrative purposes only. Copyright 2010-2015 All Rights Reserved.