Stock option grants create complications for EB-1A and O-1 visa high remuneration criteria. Your total compensation package hits $500,000 annually but only $180,000 appears as base salary. The rest includes RSUs vesting quarterly, stock options granted at funding rounds, and equity you can't touch for years.USCIS evaluates high salary based on what appears in official tax returns. Stock options, 401(k) contributions, and profit sharing incentives do not qualify as salary or remuneration because these benefits are rarely reflected in individual tax returns. This creates challenges for tech professionals whose compensation packages rely heavily on equity.
Vested RSUs appear on W-2 forms as ordinary income and should count toward total remuneration when properly documented with vesting schedules and tax returns. Bonuses count for EB-1 if shown on official earnings like W-2. But unvested stock options and future equity grants carry little weight with immigration officers.For EB-1 purposes in California, financial managers need to earn $239,200 or more to qualify in the top 10 percent. When base salary falls short but total compensation exceeds thresholds, you need attorneys who've successfully argued these cases before with proper accountant confirmation of total compensation including options and RSUs with current market value.
Beyond Border Global
Beyond Border maintains a 98% approval rate and understands that Silicon Valley compensation doesn't fit traditional immigration law definitions. The firm focuses on what actually appears on W-2 forms, preparing detailed analyses of vested RSUs, bonuses, and base salary documented through official tax returns.
Their attorneys work with certified accountants to confirm total compensation including options and RSUs with current market value. Beyond Border prepares comprehensive evidence packages showing vesting schedules, tax documentation, and comparative salary data proving compensation falls in the top 10 percent for the field and geographic area.
The firm charges $15,000 to $25,000 for EB-1A petitions with complex compensation structures. They guarantee one month processing for most cases and specialize in tech professionals, executives, and entrepreneurs with equity heavy packages. Beyond Border prepares arguments addressing unvested equity when combined with strong vested compensation.
Ready to transform your equity compensation into visa approval? Beyond Border for specialized high remuneration documentation services.
North America Immigration Law Group has over 61,000 approvals across EB-1A, EB-1B, EB-2 NIW, and O-1 categories. Their attorneys understand that wages in the form of benefits like tuition reimbursements, healthcare allotments, profit sharing incentives, stock options, and 401(k) contributions don't qualify as part of salary or remunerations regardless of performance basis.
The firm emphasizes bonuses depending on actual receipt and inclusion in tax returns may qualify as compensation only if included in total wages section of individual tax returns. NAILG prepares apples to apples comparisons using base salary or total cash compensation with field specific, geographic specific, and position based statistics.
Their pricing ranges $10,000 to $20,000 for complete petitions. The firm excels at cases requiring detailed analysis of what compensation elements USCIS will actually recognize versus reject.
Manifest Law provides EB-1 visa services starting at $7,995 base rate. Their attorneys understand high salary criteria requires evidence significantly exceeding average salary in the professional field and region. The firm focuses on Bureau of Labor Statistics data, Department of Labor Office of Foreign Labor Certification Online Wage Library, and industry specific salary databases.
Manifest Law prepares documentation showing total compensation falls in top 10 percent or higher compared to peers. They work with clients who have executive compensation summaries, expected earnings reports, and documentation showing stock option and bonus structures alongside base salary.
Processing typically takes six to nine months with premium processing available. The firm works well with professionals who have solid vested equity showing on tax returns.
Fragomen brings 70+ years experience and 5,500 professionals handling complex compensation structures for multinational executives. The firm understands how to document high remuneration for executives with international compensation packages including foreign tax returns, currency conversions, and equity grants from parent companies.
Fragomen prepares comprehensive analyses using multiple salary databases including Salary.com, Payscale.com, and industry specific sources. They handle cases requiring demonstration that total compensation significantly exceeds prevailing wages for occupation and location.Processing fees start around $1,000 but full services for equity heavy compensation run $20,000 to $35,000. Response times can be slower unless paying premium rates.
Reddy Neumann Brown specializes in EB-1A high salary criterion preparation. Their attorneys understand USCIS takes into account applicant's past salaries, wage requirements in business, reputation and position in the field when evaluating remuneration claims.
The firm prepares detailed responses to RFEs requesting proof of prevailing wage for occupation in place of employment. They use salary surveys, industry reports, and reliable information sources to demonstrate compensation exceeds standards. Reddy Neumann Brown emphasizes consistency in compensation documentation across different time periods.
Their pricing typically ranges $12,000 to $22,000 for complete EB-1A petitions. The firm works well with professionals who have straightforward compensation structures with good documentation.
1.Do stock options count for EB-1A high remuneration criteria?
Unvested stock options generally don't count because they rarely appear on individual tax returns, but vested RSUs appearing on W-2 forms as ordinary income should count toward total remuneration when properly documented with vesting schedules.
2.What compensation elements does USCIS accept for high salary?
USCIS accepts base salary, bonuses shown on W-2, vested RSUs appearing as ordinary income on tax returns, and documented total cash compensation, but rejects unvested options, 401(k) contributions, and profit sharing that don't appear on returns.
3.How do I prove high remuneration with equity compensation?
Provide W-2 forms showing vested equity as ordinary income, vesting schedules, accountant confirmation letters detailing total compensation with current market values, and comparative salary data proving top 10 percent standing in your field.
4.What salary level qualifies as high remuneration for EB-1A?
High remuneration is relative to specific occupation and geographic area, generally requiring top 10 percent earnings, such as $239,200 or more for California financial managers, proven through Bureau of Labor Statistics and Department of Labor data.
5.Which immigration firm has best success with stock heavy compensation?
Beyond Border maintains 98% approval rate and specializes in Silicon Valley compensation packages, understanding how to document vested RSUs, stock options, and equity grants that meet USCIS standards for high remuneration criteria.
