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, an airline pilot with about 20 years of experience across Brazilian carriers and his own services company, sought to continue working as a pilot in the United States under an EB-2 national interest waiver.
Field: airline piloting · Read the decision (uscis.gov)
EB-2 threshold — not met
Although the Director found three of five exceptional-ability criteria met, the AAO held the totality of evidence (education, experience, licenses, salary, letters) did not show a degree of expertise significantly above that ordinarily encountered among pilots.
How the evidence was treated
- degree · discounted
“the Petitioner did not demonstrate how these professional achievements set him apart from other airline pilots”
AAO decision text - resume experience · discounted
“the Petitioner did not show how he has obtained a level of expertise significantly above other pilots”
AAO decision text - certification membership · discounted
“the Petitioner did not explain or show how his licenses differentiates him from the average licensed pilot”
AAO decision text - other · discounted
“the Petitioner did not demonstrate the significance of his wages, nor did he establish he earned income commensurate with a degree of expertise”
AAO decision text - recommendation letter · discounted
“the letters make broad statements and limit their discussions to his individual employers”
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
The AAO dismissed the appeal solely on the threshold exceptional-ability determination, expressly reserving the national interest waiver discretionary analysis as unnecessary; no NIW prongs were reached.
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. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- Matter of L-A-C-
- USCIS Policy Manual F.5(B)(2)
Cases in adjacent profiles
- The Petitioner, a mechanical engineer, proposed to advance thermal management solutions for high-power, compact, and rel
- The Petitioner, a senior engineering program manager specializing in electromechanical systems, proposed to advance moto
- The Petitioner proposed to provide innovative solutions to optimize freight and vessel operations in the U.S. shipping i
- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
- The Petitioner proposed to lead a nationwide initiative to develop and implement a standardized materials management mod