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, intended to continue working as a commercial pilot and also to work as a flight instructor for an aviation training center in the United States.
Field: commercial aviation / piloting · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO withdrew Director's finding that Petitioner qualified as an advanced degree professional; his 3-year Mexican pilot degree was not shown equivalent to a U.S. bachelor's degree, and his Honduran master's diploma lacked an official transcript or independent evaluation establishing U.S. equivalency. Petitioner did not challenge the Director's separate finding that he failed to establish exceptional ability, so that issue was not reached.
Prong 1 — national importancenot established · dispositive
“he has not persuasively explained, and the evidence does not demonstrate, how being a pilot and instructor for various companies would have broader implications for the aviation industry and U.S. economy”
“the claimed pilot shortage is not a relevant consideration here in assessing the issue of national importance as the U.S. Department of Labor directly addresses shortages of qualified workers”
“he does not provide any detail or corroborating evidence on the claimed economic impact and hiring potential, such as financial or employment projections”
“the importance of an endeavor is determined by its specific potential prospective impact, not by the industry or occupation it involves”
AAO decision text
How the evidence was treated
- degree · discounted
“the degree certificate does not indicate what type of degree he was granted, including whether it is a bachelor's level degree”
AAO decision text - resume experience · discounted
“his reliance on his credentials and experience relate to the second prong of the Dhanasar”
AAO decision text - business plan · discounted
“he does not provide any detail or corroborating evidence on the claimed economic impact and hiring potential”
AAO decision text - recommendation letter · discounted
- other · discounted
“the importance of an endeavor is determined by its specific potential prospective impact, not by the industry or occupation it involves”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
Notable
AAO withdrew the Director's favorable EB-2 classification finding sua sponte, reversing course to find the Petitioner ineligible for the underlying classification itself, while also independently finding the national importance prong unmet, giving the decision two independent dispositive grounds.
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.
- Flores v. Garland
- Matter of E-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