NIW Bearings
dismissedMAY302024_06B52032024-05-30 · appeal · Texas Service Center

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 about eight years of experience and over 3,000 flight hours, sought to continue working as an airplane captain/pilot in the U.S. to help address a pilot shortage and train other pilots.

Field: commercial aviation / airline piloting · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner claimed EB-2 eligibility only as a noncitizen of exceptional ability and conceded he lacked 10 years' experience. Of the remaining five regulatory criteria, AAO found he met only two (academic record, license) after reversing the Director on academic record; he failed salary/remuneration, professional association membership, and achievements/significant contributions, falling short of the three-criteria threshold.

How the evidence was treated

  • degree · credited
  • certification membership · credited
  • contract revenue · discounted
    He has not demonstrated that he sent the invoices to the aviation company or that the company paid them.
    AAO decision text
  • certification membership · discounted
    The Petitioner did not submit evidence that the AOPA requires its members to have bachelor's degrees or that he has a baccalaureate.
    AAO decision text
  • awards · discounted
    The Petitioner has not submitted sufficient evidence to show that his achievements in the FAA program constitute significant contributions to the field.
    AAO decision text
All 6 evidence items
  • recommendation letter · discounted
    None recognize him or state his recognition for significant contributions to the aviation field.
    AAO decision text

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Notable

AAO found the Director erred by conflating the initial evidentiary criteria stage with the final merits determination on the academic-record criterion, and reversed that specific finding in Petitioner's favor. However, because the Petitioner still met fewer than three of the six exceptional-ability criteria overall, the appeal was dismissed on threshold EB-2 grounds without reaching the national interest waiver prongs at all.

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.

  • Matter of L-A-C-

Cases in adjacent profiles