If you are researching the EB1A standard salary 90th percentile, you may be wondering whether there is a specific salary you must earn to qualify for the EB1A high-salary criterion.
Here is the short answer: No, USCIS does not set a fixed salary or require applicants to earn above the 90th percentile.
However, earning significantly more than other professionals in your field can be useful evidence when building an EB1A case.
Let’s look at what this means in practice.
What Is the EB1A High Salary Criterion?
EB1A is an employment-based immigrant category for individuals who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. USCIS lists several evidentiary criteria that applicants may use to establish extraordinary ability.
One of those criteria is evidence that you have “commanded a high salary or other significantly high remuneration for services, in relation to others in the field.”
Notice the important part: “in relation to others in the field.”USCIS is not simply asking whether you earn a high income. The agency wants to see whether your compensation is unusually high compared with professionals performing comparable work.
Does EB1A Require a 90th Percentile Salary?
No.
There is no USCIS rule stating that an EB1A applicant must earn above the 90th percentile.
The 90th percentile can be a useful benchmark because it represents compensation higher than approximately 90% of workers in a particular comparison group. But the appropriate comparison depends on factors such as your occupation, position, and geographic market.
USCIS specifically says that comparative evidence may include geographical or position-appropriate compensation surveys.
So, rather than asking, “What is the EB1A salary requirement?” a better question is:“How does my compensation compare with other professionals doing similar work?”
What Does the 2026 Salary Data Tell Us?
There is no single EB1A standard salary 90th percentile for 2026.
Salary benchmarks vary significantly by occupation and location. For example, a compensation level that is exceptional for one occupation may be relatively common for another.
That is why applicants should use reliable, occupation-specific data when preparing salary evidence. The U.S. Bureau of Labor Statistics (BLS) is one important source for wage comparisons.
Most importantly, don’t compare yourself with a broad or unrelated occupational category just because it produces a more favorable number.
USCIS has addressed this issue in recent decisions, emphasizing that broad occupational descriptions may not provide an accurate comparison. In one 2025 decision, USCIS found that salary data for economists did not appropriately compare with the petitioner’s actual CFO responsibilities.
The comparison needs to make sense.
What Evidence Can You Use?
If you are claiming the EB1A high-salary criterion, your evidence could include:
- Employment contracts or offer letters
- W-2s or other official tax documents
- Pay statements
- Bonus or commission records
- Equity or stock compensation documentation
- Government wage data
- Position-specific compensation surveys
- Geographic salary comparisons
USCIS has also clarified that “has commanded” does not necessarily mean the compensation must already have been received. In certain circumstances, a credible contract or job offer showing prospective compensation may be relevant.
The important thing is to document both your compensation and the comparison supporting why it is high.
What If You Don’t Earn Above the 90th Percentile?
Don’t assume that this automatically ends your EB1A plans.
The high-salary criterion is only one potential evidentiary criterion. Depending on your background, you may have evidence involving awards, judging the work of others, published material about you, original contributions, scholarly authorship, leading or critical roles, or other qualifying evidence.
In other words, EB1A is about the totality of your extraordinary-ability profile—not one salary number.
FAQs About the EB1A Standard Salary 90th Percentile
1. Is the 90th percentile an EB1A requirement?
No. USCIS does not establish a universal 90th-percentile salary requirement. Your compensation should be compared appropriately with others in your field.
2. What is the EB1A standard salary 90th percentile in 2026?
There is no single figure. The relevant 90th-percentile benchmark depends on your occupation, position, and geographic location.
3. Can bonuses and other compensation count?
Potentially, yes. The criterion refers to “salary or other significantly high remuneration,” so compensation can extend beyond base salary when properly documented.
4. Can a future job offer support the high-salary criterion?
Potentially. USCIS has stated that a credible contract or job offer showing prospective salary or remuneration may establish that an applicant has been able to command such compensation.
5. What if my salary is below the 90th percentile?
That does not automatically disqualify you from EB1A. You may be able to rely on other evidentiary criteria that demonstrate your extraordinary ability.
Final Thoughts
When it comes to the EB1A standard salary 90th percentile, don’t focus on finding a magic dollar amount.
Instead, focus on the quality of the comparison.
Your salary evidence should clearly establish what you earn, identify an appropriate group of professionals for comparison, and demonstrate why your compensation is unusually high within that group.
And remember: a high salary can strengthen an EB1A case, but a high salary alone does not establish extraordinary ability.
At My Green Card Story, we help professionals understand how their achievements and career evidence may fit into an EB1A or EB2-NIW strategy. If you’re unsure whether your profile is worth exploring, book a consultation with our immigration consulting team and take the next step toward your U.S. green card journey.
Disclaimer: My Green Card Story provides immigration consulting and educational support, not legal advice or legal representation. For legal advice regarding your individual circumstances, consult a qualified U.S. immigration attorney.
Official Resources
U.S. Bureau of Labor Statistics — Occupational Employment and Wage Statistics
USCIS — Employment-Based Immigration: First Preference (EB-1)
