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 mechanic, sought to continue working in aircraft maintenance in the United States under an EB-2 classification with a national interest waiver.
Field: aircraft maintenance mechanics · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner met at least three of the six regulatory criteria for exceptional ability (academic record, ten years of experience, license to practice) but the AAO found the totality of evidence did not show a degree of expertise significantly above that ordinarily encountered in the field, in the final merits determination.
How the evidence was treated
- certification membership · discounted
“the Petitioner did not demonstrate how these training certificates set him apart from other aircraft mechanics”
AAO decision text - resume experience · discounted
“the Petitioner did not demonstrate how he has obtained a level of expertise significantly above other aircraft mechanics”
AAO decision text - certification membership · discounted
“the Petitioner did not establish how his possession of this license places him among aircraft mechanics with a degree of expertise significantly above”
AAO decision text - other · discounted
“the Petitioner did not demonstrate the significance of his earnings, nor did he establish that his income was commensurate with a degree of expertise significantly above”
AAO decision text - certification membership · discounted
“he has not demonstrated that his membership in this trade union requires a degree of expertise significantly above that ordinarily encountered”
AAO decision text
All 7 evidence items
- recommendation letter · discounted
“the evidence does not show that his work has had an impact beyond his employers and their specific projects”
AAO decision text - media · discounted
“The Petitioner has not established that this article elevates him to a level of expertise significantly above that ordinarily encountered in his occupation.”
AAO decision text
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Notable
The AAO resolved the appeal entirely on the threshold exceptional-ability final merits determination, declining to reach the Dhanasar national interest waiver analysis as unnecessary since the Petitioner failed to establish underlying EB-2 eligibility; the appeal was dismissed 'with each considered as an independent and alternate basis for the decision.'
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-
- 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