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 commercial airline pilot, sought to offer airline pilot services to U.S. employers based on his training, licensure, and flight experience.
Field: commercial aviation / airline piloting · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner claimed exceptional ability (not advanced degree professional). Although he met the initial regulatory criteria (academic record, experience, licensure), the final merits determination found he did not show a degree of expertise significantly above that ordinarily encountered in aviation.
How the evidence was treated
- resume experience · discounted
“these types of qualifications are part of the normal course of employment and professional development in the field of aviation”
AAO decision text - recommendation letter · discounted
“they were not accompanied by corroborative evidence showing the impact of the Petitioner's work in the field”
AAO decision text - certification membership · discounted
“his license, both required for entry into the profession, demonstrate his exceptional ability”
AAO decision text - degree · discounted
“his academic achievements, and his license, both required for entry into the profession”
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 resolved the appeal entirely at the threshold EB-2 exceptional-ability stage (final merits determination under Kazarian), never reaching the Dhanasar three-prong NIW analysis, which it explicitly declined to address as unnecessary given the dispositive threshold failure.
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)
- Kazarian v. USCIS
- 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