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 is a commercial airline pilot (A319 Commander) who sought EB-2 classification as an individual of exceptional ability with a national interest waiver; the specific proposed endeavor was never detailed because the AAO did not reach the Dhanasar analysis.
Field: commercial aviation (airline piloting) · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner needed to satisfy at least three of six regulatory criteria for exceptional ability but, after AAO withdrew three of the Director's four favorable findings, established only one (the license criterion), leaving him short of the required three.
How the evidence was treated
- degree · discounted
“the Petitioner did not establish that the presented certificates represent "official academic record[s]"”
AAO decision text - resume experience · discounted
“the work certificate letter does not indicate that the Petitioner has at least ten years of "full-time experience."”
AAO decision text - certification membership · discounted
“the Petitioner did not show how a union-affiliated association qualifies as a professional association”
AAO decision text
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
The AAO expressly declined to reach the Dhanasar national-interest-waiver analysis because the Petitioner failed to meet the threshold exceptional-ability requirement, having satisfied only one of the six regulatory criteria after the AAO withdrew three of the Director's four favorable findings (academic record, ten years' experience, and professional membership), leaving the license criterion as the sole criterion met.
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. 204.5(g)(1)
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- Matter of L-A-C-
- Poursina v. USCIS
What this case teaches
Analyst reading of the decision text.
Petitioner met only one of the required three exceptional-ability criteria (license), after AAO withdrew the Director's favorable findings on academic record, ten-years experience, and membership criteria for insufficient documentation.
Before reaching NIW prongs, ensure documentary evidence squarely and explicitly satisfies each regulatory exceptional-ability criterion's precise definitional requirements (e.g., 'official academic record,' 'full-time,' 'professional association').
vague
person_focused
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