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 airline pilot with over 22,000 flight hours and certification on six aircraft types, sought to continue working as a pilot in the United States as an individual of exceptional ability.
Field: commercial aviation / airline piloting · Read the decision (uscis.gov)
EB-2 threshold — not met
Although the Petitioner met at least three of six regulatory criteria for exceptional ability, the final merits determination found the totality of evidence (experience, flight hours, aircraft certifications, association membership, salary) insufficient to show expertise significantly above that ordinarily encountered among airline pilots.
How the evidence was treated
- recommendation letter · discounted
“the record does not contain documentation to corroborate the information in the letter”
AAO decision text - resume experience · discounted
“does not sufficiently explain or provide other probative evidence... to establish how the duration of his experience... yields a level of expertise significantly above other pilots”
AAO decision text - certification membership · discounted
“the record does not include evidence detailing the nature, responsibilities, or requirements of his membership”
AAO decision text - other · discounted
“the single paystub for September 2023 he provided is insufficient to extrapolate to an annual income”
AAO decision text
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Notable
The AAO found the threshold exceptional-ability determination dispositive and expressly declined to reach the national interest waiver (Dhanasar) prongs, reserving those appellate arguments under INS v. Bagamasbad and Matter of L-A-C-.
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.
- Flores v. Garland
- Matter of L-A-C-
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