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 and test/technical pilot with nearly 20 years of experience, sought EB-2 classification as an individual of exceptional ability along with a national interest waiver; his specific proposed U.S. endeavor was never reached because the underlying exceptional-ability classification was not established.
Field: aviation / commercial and test pilot · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO withdrew the Director's findings that the Petitioner met the license and professional-association criteria, leaving only one of six regulatory criteria satisfied, and in the final merits determination found the totality of evidence (diplomas, training certificates, licenses, memberships, and recommendation/expert letters) did not show expertise significantly above that ordinarily encountered in the field.
How the evidence was treated
- recommendation letter · discounted
“these letters do not establish he has expertise significantly above that ordinarily encountered in the field”
AAO decision text - certification membership · discounted
“he has not established that any of these qualify as "professional associations" as required by the plain language of this criterion”
AAO decision text - resume experience · discounted
“the Petitioner did not, for example, demonstrate how this experience related to other test/technical pilots”
AAO decision text - degree · discounted
“the possession of a degree, diploma or certificate alone is not sufficient to establish exceptional ability”
AAO decision text
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Notable
This is a threshold-eligibility (exceptional ability) denial, not an NIW-prong denial; the AAO expressly declined to reach the Dhanasar national interest waiver analysis because the exceptional ability finding was dispositive, citing INS v. Bagamasbad and Matter of M-F-O- for declining alternative issues. The AAO also affirmatively withdrew two of the Director's three favorable regulatory-criteria findings (license and professional association) before conducting its own final merits determination.
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
- INA 203(b)(2)
Cases in adjacent profiles
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- 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