Outcome: Dismissed
MAY082023_01B5203
Our summary
A commercial aircraft pilot sought EB-2 exceptional ability classification with a national interest waiver. Although he met three evidentiary criteria by plain language, the final merits determination found he lacked expertise significantly above ordinary in his field. The AAO affirmed dismissal without reaching the waiver framework.
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
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Not reached / not discussed | First prong not reached because underlying EB-2 exceptional ability not established | |
| Not reached / not discussed | Second prong not reached because underlying EB-2 exceptional ability not established | |
| Not reached / not discussed | Third prong not reached because underlying EB-2 exceptional ability not established |
A published decision describes one case. It is not legal advice and not a prediction for yours.
