EB-2 NIW Dismissed โ Commercial Aviation (2023): did not establish the underlying eligibility for the EB-2
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Decision Summary
The appeal was dismissed because the petitioner failed to establish the underlying eligibility for the EB-2 classification as an individual of exceptional ability. The AAO determined that although the petitioner met several criteria, such as having a license and over ten years of experience, these qualifications did not demonstrate a degree of expertise significantly above that ordinarily encountered for a commercial aircraft pilot. Since the petitioner did not qualify for the EB-2 classification, the national interest waiver could not be granted.
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