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 pilot with experience in Brazil flying for airlines, exporters, and an aircraft manufacturer, sought to continue working as a pilot and aeronautical consultant in the United States.
Field: commercial aviation / piloting · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner met 3 of 6 exceptional ability criteria (degree, experience, licensure) but failed the final merits determination showing degree of expertise significantly above that ordinarily encountered in the field.
How the evidence was treated
- degree · discounted
“they appear to be basic credentials, necessary for employment in the field”
AAO decision text - certification membership · discounted
“they appear to be basic credentials, necessary for employment in the field”
AAO decision text - resume experience · discounted
“length of experience does not inherently establish exceptional ability”
AAO decision text - recommendation letter · discounted
“the Petitioner did not establish their significance to the field of commercial aviation”
AAO decision text - other · discounted
“This information is incomplete.”
AAO decision text
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Notable
AAO dismissed solely on failure to establish threshold exceptional-ability classification (final merits determination), expressly declining to reach any NIW/Dhanasar prong arguments, citing INS v. Bagamasbad and Matter of L-A-C- for declining unnecessary alternative 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. 103.2(b)(1)
- 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
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