PPRuNe Forums - View Single Post - M1 Visa or no Visa and SEVIS approved schools in the USA
Old 27th Jun 2010, 15:00
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B2N2
 
Join Date: Dec 2001
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Not to be rude or anything
No offense taken Japanam, you have a very legitimate, interesting and difficult question.

My original post was mainly intended for people interested in doing a non stop full time course of training, be it PPL, Instrument rating, Commercial or a zero-Hero career training package.
It was meant for their benefit; as in can I train at XYZ school? Yes you can or no you can't save yourself the trouble and look up schools on the SEVIS website kind of post.

I am not a Visa attorney, far from it; I've just worked with foreign students for the last 8 years.

I will try and explain why your question is so difficult to answer
The M1 visa is NOT a flight training specific visa, hence the gray area's.
It is originally intended to be a student visa for vocational or non-academic studies.

The M1 visa is a nonimmigrant visa for international students who wish to pursue a course of study that is not principally academic in nature at an established vocational or other recognized nonacademic institution such as a post secondary vocational or business school
Source: M1 Visa - Easily Apply Online - Study in Vocational Institutions in the US

After the events of 9-11 it was decided that flight students required a visa.
I assume that the quickest way to do this was to "house" flight students under a more or less convenient visa umbrella, the non-academic or M1 visa.
So this is a common misconception that the M1 ONLY applies to flight training, it doesn't.
Hence the confusion that comes with it;
Example: If attend English language school one day a week during a recreational visit to the USA you do not qualify or need an M1 visa.
However, if attending language school is the PRIMARY reason for coming to the USA it is assumed that you do a full course of training and you need a visa.

Requirements for the M1 Visa

To qualify for a student visa, you must prove that:

A. You have successfully completed a course of study normally required for enrollment

B. You have been accepted for a full course of study by a vocational institution approved by the U.S. Citizenship and Immigration Services (USCIS). The institution must send you a Form I-20M-N, certificate of eligibility for nonimmigrant (M1) student status for vocational students

C. You are sufficiently proficient in English to pursue the intended course of study, or the school you intend to attend has made special arrangements to teach you the English language

D. You have sufficient funds to cover the first year of study, and access to sufficient funds to cover subsequent years

E. You have a permanent residence in your home country, which you do not intend to abandon

F. You intend to depart the U.S. upon completion of the course of study. You may establish this by presenting evidence of economic, social and/or family ties in your homeland sufficient to induce you to leave the U.S. upon completion of studies

G. Your proposed education in the U.S. would be useful in your homeland, and therefore induce you to leave the U.S. upon completion of studies
I'm sorry it will be a lot of "cut and paste":


Update to Archived Story - TSA Clarifies Rules on Visa Permitted for Alien Pilots in Training

For information regarding flight training for non-U.S. citizens, please refer to the TSA Alien Flight Student Program at www.flightschoolcandidates.gov.

There is an extensive FAQ section to reference program regulations and requirements, as well as contact information for any further questions.

TSA Clarifies Rules on Visa Permitted for Alien Pilots in Training
March 28, 2005 - The Transportation Security Administration this week clarified its position with regard to the status of aliens permitted to receive flight training in the United States. In response to issues raised by NAFI executive director Rusty Sachs and government relations specialist Doug Macnair during a visit to TSA in January, TSA attorney Monty Thompson provided guidelines to determine the permitted visa status for alien pilots seeking flight training.

On Friday, April 12, 2002, the Department of Justice (DOJ) issued an Interim rule through the Federal Register (Vol. 67, No.71) proposing to amend 8 CFR Parts 214 and 248. This amendment requires a change of status from any non-immigrant visitor visa (B-1 or B-2) to a student visa (F-1 of M-1) prior to pursuing a course of study.

Here is the order of logic on how the INS code relates to the flight-training rule:

NO flight training under Category 1, 2, or 3 (49 CFR 1552.3) should be conducted for ANY alien who has entered the U.S. in B-1 or B-2 (visitor's) status. It is a violation of the status under which the non-immigrant visitor entered the U.S.

A change of status to M-1 or F-1 is permitted once the candidate has entered the US, only if the candidate applies prior to enrolling in and attending a flight-training course.

Only FAA Certificated Part 141 and/or 142 schools approved and participating in SEVIS program are authorized to issue an I-20 form to a prospective student upon enrollment into a course; the prospective student must request the change of status and receive the subsequent Student Visa.

FAA Part 61 schools and independent flight instructors MAY train a foreign national, if that alien is (a) a Legal Permanent Resident or in a work status (H-type visa) with extended stay privileges or (b) a refugee in Asylum status with appropriate DHS documentation.

FAA Part 61 schools and independent flight instructors MAY train a foreign national on an F-1 (academic visa) provided that the student is enrolled and attending the college or university as shown on the F-1 and the student has notified SEVIS of the additional training being received at a non-SEVIS approved school.

NOTE: All prospective foreign national (alien) flight training candidates must register and submit information to the TSA's Alien Flight Student Program (AFSP), regardless of Visa status.
Source: Update to Archived Story - TSA Clarifies Rules on Visa Permitted for Alien Pilots in Training
Now who needs TSA approval?
Who must participate in the Alien Flight Student Program?

Persons seeking flight training must submit a request if they are not citizens or nationals of the U.S. and:

* They wish to receive flight training in the U.S. or its territories, regardless of whether training will lead to an FAA certificate or type rating; and/or
* They wish to receive flight training from an FAA-certificated facility, provider, or instructor that could lead to an FAA rating whether in the U.S. or abroad.
Source: https://www.flightschoolcandidates.g...e=c&section=FQ

Category 3 Clarification - For flight training in the operation of aircraft with a maximum certificated takeoff weight of 12,500 lbs. or less, Candidates must obtain AFSP approval for the following three training events:

* Initial airman's certificate, including a private, recreational, or sport pilot certificate.
-- If a private and/or commercial license is the candidate's initial FAA license, it is considered an initial airman's certificate and is not exempt.
* Instrument Rating (IR)
* Multi-Engine Rating (MEL)


Each of these three events requires a separate training request.

All other training events on aircraft with MTOW of 12,500 lbs. or less are exempt from AFSP regulations, including Commercial Pilot License (CPL), Airline Transport Pilot License (ATPL), and Certified Flight Instructor (CFI). These events are exempt only if the candidate holds an FAA stand-alone pilot certificate
Ultralight Aircraft - Flight training in the operation of airships, balloons, and gliders are exempted from the TSA security threat assessment.
Demonstration and familiarization flights - Demonstration flights for marketing purposes, and familiarization flights (also called "intro" or "discovery" flights) are also exempted from the TSA security threat assessment.
So this is all about TSA approval and threat assesment, what about the visa?

What happens if I take flight training without having the proper visa?

AFSP may cancel an applicant's flight training request if AFSP becomes aware the candidate is intending to take flight training without the appropriate immigration status. If you have questions about a cancelled request, you may call AFSP at (571) 227-4544.

NOTE: Lawful Permanent Residents (LPRs) of the United States do not require a visa.
So the appropriate Immigration status for flight training is holding a visa, in most cases an M1.

Every website I've seen mentions specifically a "full time course of training".
It now depends on the definition of a full course vs a part time course.
From the US Immigration website:
If you wish to pursue full-time academic or vocational studies in the United States you may be eligible for one of two nonimmigrant student categories the “F” category is for academic students and “M” is for vocational students
and:
If you would like to study as a full-time student in the United States, you will need a student visa. There are two nonimmigrant visa categories for persons wishing to study in the United States. These visas are commonly known as the F and M visas.

You may enter in the F-1 or M-1 visa category provided you meet the following criteria:

* You must be enrolled in an "academic" educational program, a language-training program, or a vocational program
* Your school must be approved by USCIS
* You must be enrolled as a full-time student at the institution
* You must be proficient in English or be enrolled in courses leading to English proficiency
* You must have sufficient funds available for self-support during the entire proposed course of study
* You must maintain a residence abroad which he/she has no intention of giving up.
This leads you to believe that you only qualify for an M1 visa for flight training if you pursue it full time.
We are getting closer and closer:

F-1 Student Visa Eligibility Requirements: An applicant for a United States student visa must come to the United States to pursue an academic program in an institution recognized by the United States government. The foreign citizen must have a valid educational purpose for coming to the United States and be a full time student. It is not possible to be a part-time student on an F-1 Visa. The student can stay in the United States for as long as he/she is enrolled in school. The F-1 student visa is normally issued at a U.S. Embassy or Consulate in the student’s home country.
Source: https://www.usimmigrationsupport.org...dent-visa.html

And finally for the M1 visa:

M1 Student Visa Requirements
You cannot enter as an M1 to just study "generally"; your program must have a goal and you must be involved in a "full course of study". A full course of study means study in a community or junior college, with at least 12 semester or quarter hours. It must be in a school where anyone attending for at least 12 semester or quarter hours is charged full tuition, or considered full-time. The only exception is where you need a smaller course-load to complete your course of study. It can also mean study at a post secondary vocational or business school which grants Associate or other degrees. Alternatively, if a school can demonstrate that its credits are, or have been, accepted unconditionally by at least 3 institutions of higher learning it can qualify. If that is not possible, study in a vocational or nonacademic curriculum, certified by a DSO to require at least 18 hours of weekly attendance or at least 22 clock hours a week (if most of your studies are in a shop or lab). If that is not possible, the last option is study in a vocational or nonacademic high school curriculum which is certified by a DSO to require class attendance for not less than the minimum required for normal progress towards graduation.
Source: M1 Student Visa - M1 Visa Immigration

So to summarize:

* For flight training that leads to the issuance of a certificate you need a visa
* TSA threat assessment is required and TSA requires a visa
* Visa options are F1 (combined with academic studies), J1 and M1
* Minimum course load on an M1 visa is 18 hrs a week of ground school or flight training in our case
* If you do less then 18 hrs you are out of status and elligible for removal
* If your entire course of training is less then 18 hrs you need to do whatever is required for graduation eg a seaplane rating added to a FAA piggyback based on a foreign license without holding a full FAA certificate.

I think I've covered a lot, if you still have questions feel free.

Last edited by B2N2; 19th Nov 2010 at 15:49.
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