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 aircraft pilot, sought classification as an individual of exceptional ability and a national interest waiver related to his work as a pilot.
Field: commercial aviation / piloting · Read the decision (uscis.gov)
EB-2 threshold — not met
The Director found the Petitioner met three of six exceptional-ability criteria (A-C, E) on plain language, but the final merits determination found the totality of evidence did not show a degree of expertise significantly above that ordinarily encountered in the field. The AAO agreed, finding the Petitioner did not qualify as an individual of exceptional ability.
How the evidence was treated
- certification membership · discounted
“the act of pursuing professional development or continuing educational courses are inherent to the [P]etitioner's occupation”
AAO decision text - resume experience · discounted
“simply fulfilling one's job duties for more than ten years does not automatically render one an individual of exceptional ability”
AAO decision text - degree · discounted
“possession of a license is inherent to the [P]etitioner's occupation [and he] has not established that the issuance of this document identifies a mark of distinction”
AAO decision text
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Notable
The AAO dismissed the appeal solely on threshold exceptional-ability grounds (final merits determination) and expressly declined to reach the Dhanasar three-prong NIW analysis, citing Bagamasbad and Matter of L-A-C- for the proposition that it need not decide unnecessary issues. The Petitioner failed to file a brief or additional evidence despite indicating intent to do so, and did not contest the Director's exceptional-ability finding on appeal.
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-
- Visinscaia v. Beers
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