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View Full Version : M1 Visa Versus the 18HRS a week Rule!


al_renko
20th Jan 2013, 19:05
hi all,
having sent e-mail's to over a dozen flight schools.I am receiving info that if your training is less than 18hours a week a M-1 Visa is not a requirement,but you still have to register withe TSA and fingerprints still have to be collected.the problem seems to exist in entry to the USA,the folks that man the desks believe otherwise and will refuse you entry if you inform them that you are in the US to receive flight training without the M-1,any thoughts,
Al.

S-Works
20th Jan 2013, 19:25
Don't tell them then! If is less than 18hrs then you are on holiday......

BackPacker
20th Jan 2013, 19:34
You hit the nail on the head. The 18-hour rule seems to be intended to be interpreted in the context of a vocational study. There is no specific interpretation, as far as I know, that confirms or denies that the rule is also applicable to flight training. And even if so, there is no list of stuff that is or is not to be included in the 18 hours. Actual flight time, pre- and post flight briefings, flight preparation, theory study, exams?

If you look at the intent of the visa regulations you can conclude that if your primary reason of visiting the US is flight training, you should have an M-1 visa. But since an M-1 visa can only be sponsored by a SEVIS-approved school, and only Part-141 schools are SEVIS approved, this leaves a lot of students in a bit of a fix that want to go to a Part-61 school.

I think you've got two options. First is to contact the US authorities, explain you want to take a specific course at this-and-that Part-61 school, and ask them how to proceed. Second option is just to enter under the VWP as a generic tourist, and hope for the best.

In any case, this is totally independent of whether TSA clearance is required.

al_renko
20th Jan 2013, 19:52
thanks for your response,the reason for the post is simple,I am at the stage of completing the PPL course having flown some 80+hrs,stop start,now at the solo nav stage,any preference for a flight school in the US,JAA or FAA?

Tinstaafl
20th Jan 2013, 21:22
Idon't think entering under the VWP will work *if* you wish to obtain an FAA PPL, CPL, Multi, IR or type rating because you still have to pass the TSA's insecurity clearance. I could be wrong but that's my understanding.

I don't think all is lost though. I seem to recall that though only a 141 school can get SEVIS approval you don't necessarily have to do their 141 course ie it might still be possible to train under that school's Part 61 program.

I now manage a 135 certificate that's a sister organisation to a 141 SEVIS approved school. I'll ask at work tomorrow.