Is your question whether you can ask for EB1 or not?

For Salary: first point out where you are petitioning for high salary OR high remuneration. You mention it in your cover letter and provide evidence such as a letter from the employer/HR stating this if its for high salary or remuneration. then evidence to upload the year's FBR report/tax returns which you are claiming you were paid higher submit the same year's Glassdoor/salary.com/Indeed's salary or remuneration report to show you were paid higher as compared to people in the same state/country. If you want, you can also add Federal Bureau website page under SOC code 90th percentile to compare how u were also paid high compared to US citizens. I did this and was approved.

@T S how do you know which one of your eb-1a criteria approved - did you get RFE for this and that’s how you responded? I think they don’t tell us which one they accepted and which one they didn’t.

they sent me a complete list of which ones were approved and which ones they required further evidence for. I sent 6 criteria 4 were approved 2 required further proofs. sent them and got approval in 20 days after sending RFE response [normal processing]

I thought they only need 3 criteria to be approved - why they approved 4 and asked for RFE! strange. also, what’s your speciality?

Thats because I petitioned for 6 and, while the USCIS requires 3 criteria to be met, they will deny the petition even when one meets 3 criteria. Go through AAO and see how many people appealed once they were denied even after meeting 3 criteria.

I’m familiar with final merit concept. But, I didn’t know the fact that they come to us and clarify that we met more than 3 and still need clarify. I assumed they will just issue NOID. can we talk about this over a call or an email?