High Remuneration Expert Opinion

Olga Moleff, MBA, will develop an expert opinion addressing the High Remuneration criterion, applicable for EB-1A (8 CFR § 204.5(h)(3)(ix)), that the individual has commanded a high salary or other significantly high remuneration for services in relation to others in the field. Also applicable to EB-2 NIW. (This expert opinion does not constitute legal advice and should not be interpreted as a legal recommendation. For official legal guidance, it is advised to consult a licensed immigration attorney in the United States.)

According to the U.S. Citizenship and Immigration Services (USCIS), acceptable evidence under the "high salary or other significantly high remuneration" criterion (8 CFR § 204.5(h)(3)(ix)) may include:

1. Tax returns, pay stubs, earnings statements, and other documentation of compensation received.

2. Employment contracts, offer letters, or written confirmations of proposed salary levels.

3. Comparative wage data showing typical compensation for similar roles by industry, location, and seniority level (e.g., BLS, ERI, Glassdoor, government or private salary surveys).,.

4. The evidence must be relevant in terms of geographic region, occupational category, and role level, and must reflect compensation earned under comparable circumstances.

Immigration Caonsulting Services

  • EB2 Visa Business Plan

A National Interest Waiver (NIW) petition is part of the employment-based, second preference (EB-2) immigration category, known specifically as EB-2 NIW.

If you are planning to file an employment-based, second-preference immigration petition, consider the EB2-NIW Visa. This visa allows you to request a National Interest Waiver (NIW) without the need for a labor certification (PERM) or a job offer from a U.S. employer, enabling you to self-petition and maintain green card status regardless of future changes in employment.

To qualify for the EB-2 NIW visa, your application must demonstrate three key criteria: the significant merit and national importance of your proposed endeavor, your capability to advance this endeavor, and the national benefit of waiving the job offer requirement. A detailed business plan is crucial to support your application.

As per Chapter 2 – Immigrant Petition Eligibility Requirements (https://www.uscis.gov/policy-manual/volume-6-part-g-chapter-2), “A comprehensive business plan as contemplated by the regulations should contain, at a minimum, a description of the business, its products and/or services, and its objectives. The plan should contain a market analysis, including the names of competing businesses and their relative strengths and weaknesses, a comparison of the competition’s products and pricing structures, and a description of the target market/prospective customers of the new commercial enterprise. The plan should list the required permits and licenses obtained. If applicable, it should describe the manufacturing or production process, the materials required, and the supply sources. The plan should detail any contracts executed for the supply of materials and/or the distribution of products. It should discuss the marketing strategy of the business, including pricing, advertising, and servicing. The plan should set forth the business’s organizational structure and its personnel’s experience. It should explain the business’s staffing requirements and contain a timetable for hiring, as well as job descriptions for all positions. It should contain sales, cost, and income projections and detail the bases. Most importantly, the business plan must be credible.”

  • EB-1A Visa Business Plan”

“The EB-1A visa is a prestigious part of the Employment-Based First Preference (EB-1) visa program, designed for foreign nationals who demonstrate extraordinary ability in the sciences, education, business, or athletics. This visa category is for individuals who are recognized as leaders in their fields and whose expertise is deemed highly beneficial to the United States.

To qualify for the EB-1A visa, applicants must provide a robust portfolio of evidence showcasing their achievements. This includes awards, peer acknowledgments, published works, and significant contributions to their respective fields. A well-structured business plan can significantly enhance your EB-1A application.

A professionally tailored business plan for your EB-1A application does more than address potential questions from USCIS; it acts as a strategic blueprint for your activities in the United States. It details your objectives, strategies, and the expected impact on your field, showcasing not only your historical contributions but also your dedication to future innovation and excellence in the American market.

Leveraging Moleff’s business plan writing services can greatly benefit your EB-1A visa application. Our experienced team is well-versed in the unique demands of this visa category and can develop a persuasive business plan that effectively highlights your extraordinary talents and supports a strong application.”