EB-2 NIWOtherIndividualDecided March 2023Dismissed
Outcome: Dismissed
MAR152023_04B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A commercial pilot seeking national interest waiver for EB-2 exceptional ability classification. AAO held that pilot's evidence—flight school completion, licensing, and employer letters—did not demonstrate exceptional ability as regulatory standard requires; salary evidence post-dated filing and lacked context.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
No criterion in the table was found met in this decision.
What was missing
- Merit and national importance · Petitioner failed to establish exceptional ability; achievements relate only to employers and customers, not field-level significance.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner failed to establish exceptional ability; achievements relate only to employers and customers, not field-level significance. |
 Well positioned | Not reached / not discussed | Not analyzed because underlying EB-2 exceptional ability eligibility not established; decision reserved analysis as unnecessary. |
 Balance favors a waiver | Not reached / not discussed | Not analyzed because underlying EB-2 exceptional ability eligibility not established; decision reserved analysis as unnecessary. |
A published decision describes one case. It is not legal advice and not a prediction for yours.