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 helicopter pilot and flight instructor, sought EB-2 classification as an individual of exceptional ability along with a national interest waiver of the job offer requirement.
Field: helicopter piloting / aviation · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner met 3 of 6 regulatory criteria but failed the final merits determination for exceptional ability; his certifications/licensure were common minimum industry qualifications, his recommendation letters and an advisory opinion letter were conclusory and failed to show expertise significantly above that ordinarily encountered in the field.
How the evidence was treated
- certification membership · discounted
“his training certificates and licensure are common for those working in the industry as minimum qualifications to enter the field”
AAO decision text - recommendation letter · discounted
“several of them make generalized statements about the Petitioner's skills but do not specify how”
AAO decision text - resume experience · discounted
“his resume and employment confirmation letters affirm his employment history”
AAO decision text - other · discounted
“the advisory opinion is of little probative value as Mr. mainly recites the Petitioner's education and work history and then makes sweeping conclusory statements”
AAO decision text
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Notable
Because the Petitioner failed to establish the underlying EB-2 exceptional ability classification, the AAO declined to reach the Dhanasar national interest waiver prongs entirely, citing INS v. Bagamasbad and Matter of L-A-C- for the proposition that agencies need not make advisory findings on unnecessary issues.
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. 103.3
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- 8 C.F.R. 204.5(k)(3)(iii)
- Matter of L-A-C-
- USCIS Policy Manual F.5(B)(2)
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- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
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