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 aircraft maintenance technician, sought EB-2 classification as an individual of exceptional ability and a national interest waiver of the job offer requirement to work in his occupation in the United States.
Field: aircraft maintenance / aviation mechanics · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner met only two of five exceptional-ability criteria (school certificates and license); failed to establish professional-association membership, ten years of full-time experience in the specific occupation, and recognition for significant contributions to the field, rendering him ineligible for EB-2 classification regardless of NIW eligibility.
How the evidence was treated
- certification membership · discounted
“The Petitioner has not established... that either of the licensing agencies require their licensees to have bachelor's degrees”
AAO decision text - resume experience · discounted
“the plain language of the regulation requires the past experience to be "in the occupation" sought”
AAO decision text - recommendation letter · discounted
“These letters attest to the Petitioner's successful past work, but do not establish his work made significant contributions to the aviation industry”
AAO decision text - motion resubmission · ignored
“In a motion to reconsider, the Petitioner must establish error in our decision based on the record of proceedings at the time our decision was issued... we will not consider the article submitted on motion”
AAO decision text
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Notable
This is a second motion to reconsider following a prior appeal dismissal and a prior combined motion dismissal. The AAO never reached the national interest waiver analysis because the Petitioner's failure to meet three of five exceptional-ability criteria was independently dispositive; AAO expressly declined to address NIW eligibility, 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. 103.5(a)(1)(ii)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- Matter of Coelho
- Matter of L-A-C-
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