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 aviation maintenance specialist with a military aviation background, sought to work in the U.S. aviation maintenance field, claiming exceptional ability that would substantially benefit the national economy or welfare.
Field: aviation maintenance · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish exceptional ability under 8 C.F.R. 204.5(k)(3)(ii), specifically the high-salary criterion (D) and the recognition-for-significant-contributions criterion (F); only two of six criteria were met, short of the required three.
How the evidence was treated
- recommendation letter · discounted
“it does not describe any significant contributions to the industry of aviation or aviation maintenance”
AAO decision text - other · discounted
“we cannot conclude that this is comparable evidence”
AAO decision text
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Notable
The AAO expressly reserved judgment on the Dhanasar prongs entirely because the petitioner failed the antecedent EB-2 exceptional-ability threshold, citing INS v. Bagamasbad's rule against purely advisory findings; also notable for detailed scrutiny of mismatched-year salary survey and tax return evidence.
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(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- 8 C.F.R. 204.5(k)(3)(iii)
- Flores v. Garland
- Matter of L-A-C-
- Matter of O-R-E-
- Matter of R-A-M-
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