O-1B High Salary Criterion
How to prove your compensation is significantly above the norm in your artistic field.
How USCIS states this criterion
Evidence that the beneficiary has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.
This is criterion 6 of six for the O-1B (arts). A petition must meet at least three of the six unless it rests on a significant national or international award or prize. Source: Policy Manual, Chapter 4, checked September 21, 2026.
Quick answer. O-1B High Salary Criterion is one of the 6 O-1B evidence criteria. A petition shows a major award or at least three criteria, and USCIS then weighs the whole record. USCIS wants to see that you command high remuneration compared to others performing similar work in the artistic field.
USCIS wants to see that you command high remuneration compared to others performing similar work in the artistic field. This is a comparative criterion: the number needs to be high relative to peers in the same field, region, and career stage. A $50k fee for a session musician is different from a $50k fee for a lead composer.
Types of evidence
Signed contracts
Engagement contracts showing your per-project or per-performance fee, session rate, or annual retainer.
Tax returns / 1099s
Prior year tax documentation confirming income at the level being claimed.
Union scale comparisons
SAG-AFTRA, AFM, AGMA, or DGA scale documents showing what standard rates are, so your rate can be compared.
Industry salary data
Third-party data (Variety, salary surveys, guild reports) showing typical compensation in your field, region, and role.
Royalty statements
Statements from labels, publishers, or streaming platforms showing recurring income tied to your work.
Expert letter on compensation
Statement from an agent, manager, or industry expert confirming your rate is significantly above peer level for your specific work.
Evidence by profession
Musicians
Recording, touring, and session fees; publishing and mechanical royalties; sync licensing rates. Compare against AFM scale or industry averages for your genre.
Filmmakers
Directorial fees, DP rates, producer fees per project. Compare against DGA scale or industry benchmarks for the production tier.
Dancers
Company salary, guest-principal fees, choreography rates. Compare against AGMA scale or company norms.
Actors
Per-episode, per-film, or day rate. Compare against SAG-AFTRA scale and the production's tier. Compensation at 5-10x scale is a strong signal.
Designers
Design fees per collection, per campaign, or licensing income. Compare against typical rates for the label or production tier.
Visual artists
Sale prices for original work, commission fees, secondary-market prices. Compare against artists at similar career stage in your medium.
How we build this criterion
Document your fees
We gather contracts, 1099s, and payment records covering your recent engagements at your commanded rate.
Establish the peer benchmark
We pull industry salary data, union scale, and guild reports for your specific field and career stage to establish 'what a peer earns'.
Show the multiple
We present your compensation as a multiple or percentile against the peer group, so USCIS reads it as demonstrably high, not just a high number in isolation.
Common questions
- What counts as evidence for the O-1B High Salary criterion?
- Examples include signed contracts, tax returns / 1099s, union scale comparisons, industry salary data. The strongest cases combine several types of evidence, because no single document is enough on its own.
- What are common mistakes with the O-1B High Salary criterion?
- Presenting a high dollar figure without comparison context, USCIS needs to know if that figure is high FOR YOUR FIELD. Using union scale rates as evidence, scale IS the baseline, not a signal of high salary. Well above scale is what counts.
- How many O-1B criteria do I need to meet?
- A petition shows a major internationally recognized award, or at least three of the 6 O-1B criteria. USCIS then considers all the evidence in its totality, so the quality of each piece of evidence matters as much as the count.
- How does Lando build the O-1B High Salary criterion?
- Lando works in 3 steps: document your fees, establish the peer benchmark, show the multiple. Lando is not a law firm; petitions are prepared in coordination with licensed U.S. immigration attorneys.
Official sources
- O-1 Visa: Individuals with Extraordinary Ability or Achievement (USCIS)
- USCIS Policy Manual, Volume 2, Part M, Chapter 4: O-1 Beneficiaries (USCIS)
- USCIS Policy Manual, Volume 2, Part M: Nonimmigrants of Extraordinary Ability or Achievement (O) (USCIS)
- 8 CFR 214.2(o): O classification, aliens of extraordinary ability (eCFR)