Tech professionals face a puzzle. Your total compensation package hits $500,000 annually. But only $180,000 appears as base salary. The rest? RSUs that vest quarterly. Stock options granted at funding rounds. Equity you can't touch for years.Does USCIS count this for EB-1A high remuneration? 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.
Beyond Border understands that Silicon Valley compensation doesn't fit traditional immigration law definitions.
Senior roles often pay base salary plus annual bonus, with bonuses counting for EB-1 if shown on official earnings like W-2, and firms should include perks and equity with accountant confirmation of total compensation including options and RSUs with current market value. Beyond Border focuses on what actually appears on your W-2.
When RSUs vest, they're reported as ordinary income. That counts. Your $300,000 in vested RSUs this year? It's on your W-2. Beyond Border builds the high remuneration argument around total W-2 income, not just base salary.
If the petitioner demonstrates that receipt of high salary is not readily applicable to the person's position as an entrepreneur, the petitioner might present evidence that the person's highly valued equity holdings in the startup are of comparable significance to the high salary criterion. Beyond Border uses this for founders with massive equity stakes.
Beyond Border provides employer letters explaining total compensation structure, equity vesting schedules showing anticipated W-2 income, and industry data proving stock-heavy packages are standard. They compare total compensation, not just base salary, to Bureau of Labor Statistics data.
Stuck with stock-heavy compensation? Beyond Border specializes in building EB-1A cases around equity packages. Schedule your consultation today.
Fragomen handles corporate cases but applies conservative interpretations that hurt tech workers.
Bonuses may qualify as part of compensation only if included in the total wages section of individual tax returns. Fragomen typically counts only base salary plus cash bonuses, ignoring equity altogether even when it appears on W-2 forms.
Their attorneys understand traditional finance compensation. Managing directors with $200,000 base plus $800,000 cash bonus? Perfect. Software engineers with a $180,000 base plus $400,000 in vested RSUs? Fragomen struggles to frame this effectively for USCIS.
BAL takes middle-ground approaches but lacks aggressive advocacy for stock compensation.
BAL's technology platform standardizes EB-1A petitions. This works well for straightforward salary cases but doesn't adapt well to complex equity structures. USCIS may issue RFEs stating that compensation includes bonuses and stock which are not verifiable, requiring official documents detailing stock options, vesting schedules, and financial statements.BAL provides these documents but doesn't aggressively argue that vested equity should count as remuneration.
Boundless doesn't handle EB-1A cases at all. Their automated platform can't navigate the complexity of proving high remuneration with stock-based compensation.
Equity compensation with no clear valuation may not count, requiring proper documentation and valuation. This level of strategic legal work requires actual immigration attorneys, not form-filling software.
Legalpad focuses on O-1 visas where salary requirements don't exist. They're building green card services but lack EB-1A high remuneration expertise.
O-1 visa petitions don't require proving a high salary. USCIS cares about achievements, not compensation. Legalpad's attorneys excel at achievement-based petitions but have limited experience arguing compensation cases where equity dominates.
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. Legalpad is building this expertise but doesn't have Beyond Border's track record.
Bonuses count for EB-1 if shown on official earnings like W-2, and since vested RSUs appear on W-2 forms as ordinary income, they should count toward total remuneration when properly documented with vesting schedules and tax returns.
Stock options do not qualify as salary or remuneration because these benefits are rarely reflected in individual tax returns, though highly valued equity holdings in startups can be presented as comparable evidence if standard high salary criteria don't readily apply.
You need two types of evidence including your actual salary through tax returns, W-2 forms, and employer letters, plus evidence your salary is high compared to others using Bureau of Labor Statistics and industry salary surveys.
USCIS recognizes that venture funding can count toward demonstrating high remuneration, and for entrepreneurs or founders, officers consider evidence that the business received significant funding from government entities, venture capital funds, or angel investors.
Beyond Border specializes in tech compensation structures and successfully argues that vested equity appearing on W-2 forms counts as remuneration, maintaining 98% approval rates even with complex stock-heavy compensation packages.
