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, an aircraft pilot, claimed an endeavor of national importance and sought a national interest waiver, though the specific nature of the endeavor was not detailed in the decision.
Field: aviation / aircraft piloting · Read the decision (uscis.gov)
EB-2 threshold — not met
The Director found the Petitioner did not establish he is an individual of exceptional ability, and the AAO summarily dismissed the appeal because the Petitioner failed to identify any erroneous conclusion of law or fact regarding that finding.
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Notable
The appeal was summarily dismissed under 8 C.F.R. 103.3(a)(1)(v) because the Petitioner's appeal statement did not identify any erroneous conclusion of law or fact regarding the Director's exceptional-ability determination (the sole basis of denial), instead raising unrelated NIW national-importance arguments. The Petitioner promised a brief within 30 days but never filed one. Because the threshold exceptional-ability finding was never properly challenged, the AAO never reached the NIW prong analysis 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.
- INA 203(b)(2)
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