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 airline pilot, sought to continue working as a pilot in the U.S., framing his work as addressing pilot shortages in the airline industry.
Field: commercial aviation / airline piloting · Read the decision (uscis.gov)
EB-2 threshold — not met
Director found Petitioner met only 3 of the needed exceptional-ability criteria (A, C, E); evidence for 10-years-experience (B) and peer/industry recognition (F) criteria was deficient—letters lacked full-time/part-time specification, job duty descriptions, and were uncorroborated by independent objective evidence; unresolved inconsistencies in employment dates; final merits determination concluded Petitioner lacks expertise significantly above that ordinarily encountered in the field.
Prong 1 — national importancenot established
“did not establish that the Petitioner's proposed endeavor to continue his work as a commercial pilot has national importance”
“the Petitioner has not provided an explanation of how his employment as a single pilot would impact pilot shortages in the airline industry”
AAO decision text
Prong 2 — well positionednot established
“that he is well positioned to advance the endeavor”
“did not provide insight as to how the Petitioner's work accomplishments constitute achievements or contributions to the industry or field”
AAO decision text
Prong 3 — balance of factorsnot established
“or that it would be beneficial to the United States to waive the requirements of a job offer and, thus, of a labor certification”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“did not provide insight as to how the Petitioner's work accomplishments constitute achievements or contributions to the industry or field”
AAO decision text - resume experience · discounted
“did not specify whether the Petitioner worked full-time or part-time during claimed periods of employment”
AAO decision text - certification membership · discounted
“does not have a degree of expertise significantly above that ordinarily encountered in his profession”
AAO decision text - business plan · discounted
“did not establish that the Petitioner's proposed endeavor... has national importance”
AAO decision text - other · discounted
“reiterates economic impact claims concerning his proposed endeavor that are not substantiated by probative evidence”
AAO decision text
Where this case turned
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
- Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
- Letters not independent · p2 — letters come from employers and close collaborators, not independent experts
- Derivative of Prong 1/2 failure · p3 — prong three fails only because prongs one or two did — no independent ground
Notable
Denial rests on two largely separate grounds presented together: (1) failure to qualify for the underlying exceptional-ability EB-2 classification, and (2) an adopted, only briefly explained finding that the Dhanasar three prongs were independently unmet. The AAO uses the adopt-and-affirm mechanism (Matter of Burbano) rather than conducting fresh prong-by-prong analysis, and faults the Petitioner's appeal brief for failing to identify specific legal or factual errors as required by 8 C.F.R. 103.3(a)(1)(v). A footnote notes the pilot-shortage argument was unsupported because Petitioner did not explain how his individual employment would affect industry-wide shortages.
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. 103.3
- 8 C.F.R. 204.5(g)(1)
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(iii)
- Chen v. INS
- Matter of Ho
- Poursina v. USCIS
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