This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.
The Petitioner, a commercial pilot, sought to work as an experienced Airline Transport Pilot in the United States, without further specifying the endeavor.
Field: commercial aviation / airline piloting · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish eligibility as either an advanced degree professional (no bachelor's degree or equivalent shown) or an individual of exceptional ability (failed to meet at least three of the six regulatory evidentiary criteria, and in the alternative the totality of evidence did not show a degree of expertise significantly above that ordinarily encountered in the field).
How the evidence was treated
- degree · discounted
“there is no evidence of this degree or others that might be equivalent to the stated associates degree”
AAO decision text - certification membership · discounted
“the record is insufficient to establish that the issuer qualifies as an institution of learning in the field of commercial aviation”
AAO decision text - resume experience · discounted
“these are not sufficient to meet this criterion”
AAO decision text - certification membership · discounted
“this evidence shows that all of these licenses expired well before the filing date of this petition”
AAO decision text - other · discounted
“the English translation accompanying this document is not properly certified per 8 C.F.R. 103.2(b)(3), and thus cannot be considered”
AAO decision text
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Notable
The AAO withdrew part of the Director's decision, finding the Director erroneously applied labor-certification caselaw (exceptional-ability requirement of the job offer) to a case where no labor certification/job offer was required due to the NIW request. However, the AAO still found the Petitioner ineligible for exceptional ability classification on other grounds. Because the threshold EB-2 classification failed, the AAO did not reach the NIW prongs at all, and additionally noted the Petitioner had waived any specific challenge to the NIW denial by not addressing it on appeal.
Authorities this decision leans on
From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.
- 8 C.F.R. 103.2(b)(3)
- 8 C.F.R. 103.3
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(iii)
- Poursina v. USCIS
- USCIS Policy Manual F.5(B)(2)
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp