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 intended to work in the United States as a commercial airline pilot and flight instructor.
Field: commercial aviation (airline pilot / flight instructor) · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO withdrew the Director's findings that the Petitioner met the academic record and ten-years'-experience criteria, found the membership criterion unmet, and concluded the Petitioner met only the license criterion, short of the required three of six exceptional-ability criteria; alternatively, even if criteria were met, the totality of evidence did not show expertise significantly above that ordinarily encountered in the field.
How the evidence was treated
- degree · discounted
“The Petitioner has not sufficiently established that any of the certificates were issued from a college, university, school, or other institution of learning.”
AAO decision text - resume experience · discounted
“the documents do not indicate whether the Petitioner worked in a full-time capacity, and they do not describe the Petitioner's job duties”
AAO decision text - certification membership · discounted
“The evidence submitted does not demonstrate that AOPA has a membership body comprised of individuals who have earned a U.S. baccalaureate degree”
AAO decision text - recommendation letter · discounted
“the letters do not show a level of expertise significantly above other commercial pilots”
AAO decision text
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
Case turned entirely on the threshold EB-2 exceptional-ability determination (only 1 of 3 required criteria upheld: license); AAO expressly declined to reach any of the three Dhanasar NIW prongs, citing INS v. Bagamasbad and Matter of L-A-C-.
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. 103.3
- Kazarian v. USCIS
- Matter of E-M-
- Matter of L-A-C-
- Poursina v. USCIS
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