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 airline pilot, proposed to continue piloting commercial aircraft in the United States, including training to captain the A350 Airbus.
Field: commercial aviation (airline pilot) · Read the decision (uscis.gov)
EB-2 threshold — not met
Director found Petitioner did not qualify as an advanced degree professional, meeting only two of six evidentiary criteria under 8 C.F.R. 204.5(k)(3)(ii)(A)-(F); Petitioner did not contest this on appeal and the issue was deemed abandoned.
Prong 1 — national importancenot established · dispositive
“the Director properly concluded that the Petitioner's endeavor did not reach a level of national importance to warrant a waiver of the job offer requirement.”
AAO decision text
How the evidence was treated
- certification membership · discounted
“because the certificates post-date the filing date of the petition, they are not relevant to demonstrating the Petitioner's eligibility”
AAO decision text - motion resubmission · discounted
“The Petitioner provides no evidence or arguments addressing the Director's conclusions regarding his eligibility”
AAO decision text
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Local, not national scope · p1 — impact confined to clients / a region
Notable
The AAO adopted and affirmed the Director's decision in full (Matter of Burbano doctrine) because the Petitioner failed to specifically identify any error, instead submitting post-filing-date evidence (training certificates, fleet transfer letter) that was deemed irrelevant under the material-fact-at-time-of-filing rule. The threshold EB-2 issue was also deemed abandoned for lack of argument 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)(1)
- 8 C.F.R. 204.5(k)(2)
- Matter of Izummi
- Matter of O-R-E-
- Matter of R-A-M-
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