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 pilot and flight instructor, sought to continue working in that occupation in the United States under an EB-2 classification with a waiver of the job offer requirement.
Field: aviation (pilot and flight instructor) · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO noted the Director never addressed advanced-degree or exceptional-ability eligibility and observed that pilot/flight instructor is not a listed profession and no degree-requirement evidence was submitted, but left the ultimate determination to the Director on remand rather than deciding it.
How the evidence was treated
- degree · discounted
“the Petitioner has not presented evidence that a United States baccalaureate degree or its foreign equivalent is the minimum requirement for entry in his occupation”
AAO decision text
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Notable
The Director denied the petition solely for procedural failure to submit Form ETA 750B or ETA 9089 parts J,K,L, without issuing an RFE or NOID. The AAO found this basis overcome by the Petitioner's submission on appeal, withdrew the denial, and remanded for the Director to conduct the threshold EB-2 and full three-prong Dhanasar analysis in the first instance; no prong was substantively reached by the AAO.
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)
- Poursina v. USCIS
What this case teaches
Analyst reading of the decision text.
Director denied solely because Petitioner had not submitted ETA 750B or ETA 9089 parts J-L without issuing RFE/NOID; Petitioner cured this on appeal, requiring remand for merits review.
Ensure required national-interest-waiver application forms (ETA 750B or ETA 9089 J-K-L) are filed upfront to avoid procedural denial before reaching Dhanasar merits.
vague
mixed
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