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 entrepreneur/professional in the airline industry with a military aviation background, sought to continue working in aviation operations in the United States.
Field: aviation/airline industry · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner claimed exceptional ability (no advanced degree claimed). Director found he met 3 of 6 regulatory criteria (academic record, experience, license) but failed the final merits determination showing degree of expertise significantly above that ordinarily encountered. AAO adopted and affirmed Director's decision.
How the evidence was treated
- recommendation letter · discounted
“the Petitioner does not provide any new evidence or arguments which substantiate these conclusory statements”
AAO decision text - awards · discounted
“it simply states the Petitioner "[h]as satisfactorily completed the requirements to become eligible to wear The Pilot Proficiency Wings Phase I"”
AAO decision text - resume experience · credited
- certification membership · credited
- degree · credited
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
AAO found the Petitioner failed the threshold exceptional-ability EB-2 classification (final merits determination) despite meeting 3 of 6 regulatory criteria, and explicitly declined to reach the Dhanasar NIW prongs as unnecessary since threshold ineligibility was dispositive.
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(k)(2)
- 8 C.F.R. 204.5(k)(3)(iii)
- Chen v. INS
- Flores v. Garland
- Matter of L-A-C-
- USCIS Policy Manual F.5(B)(2)
Cases in adjacent profiles
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- The Petitioner, a senior engineering program manager specializing in electromechanical systems, proposed to advance moto
- The Petitioner proposed to provide innovative solutions to optimize freight and vessel operations in the U.S. shipping i
- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
- The Petitioner proposed to lead a nationwide initiative to develop and implement a standardized materials management mod