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 continue working as a pilot in the United States, claiming eligibility as an individual of exceptional ability.
Field: commercial aviation / airline piloting · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner satisfied only two of six exceptional-ability criteria (academic record and licensure); salary, professional-membership, and recognition criteria were not met, so he failed to meet the three-criteria threshold for exceptional ability, and did not claim advanced-degree eligibility.
How the evidence was treated
- degree · credited
- certification membership · credited
- other · discounted
“does not include documentation to show how the Petitioner's salary or remuneration compared to other airline pilots”
AAO decision text - certification membership · discounted
“does not sufficiently demonstrate that AOPA qualifies as a professional association for EB-2 eligibility purposes”
AAO decision text - recommendation letter · discounted
“not supplemented by evidence specifying any achievements or significant contributions that he has made to the aviation industry”
AAO decision text
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Notable
The AAO found the threshold exceptional-ability EB-2 classification unmet and explicitly declined to reach the Dhanasar national-interest-waiver prongs as unnecessary to the outcome, citing INS v. Bagamasbad and Matter of L-A-C- for the principle that agencies need not make advisory findings on unreached 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)(3)(ii)
- Matter of L-A-C-
- Matter of O-R-E-
- Matter of R-A-M-
Cases in adjacent profiles
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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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