Naples Air Center, Inc.
4th Sep 2002, 16:40
I am writing this thread because there is still much confusion about what the requirements are to fly or train in the U.S.A. Please do not let the length of this post stop you from reading it. Look at numbers 1 to 5, to decide whether or not need a Visa. If you are required to have a Visa, it is very important to make sure you understand the steps you must follow. The process is straight forward and there are people that will help you every step of the way.
On the 12th of April 2002 the immigration rules changed and affected flight training in the U.S.A.
Who needs a Visa and what type will you need:
1) If you are coming to hour build or a flying holiday and have a FAA Licence or an FAA licence issued on the basis of your Foreign Licence, you can enter the country on a Visa Waiver and fly as long as you meet the F.A.R.s. (BFR, Medical, etc.)
2) If you need to convert your licence to a Restricted F.A.A. Licence, you will need to submit the request to the F.A.A. in Oklahoma City so they can do a full background check; this process takes upwards of 60 days. If you get the o.k. to convert your licence you can enter the country on a Visa Waiver.
If you do not have the time to wait to convert your licence, you can take the F.A.A. Written Test and the Flight Test in order to get an Unrestricted F.A.A. Licence. In order to do this you will need to be on an F-1, M-1, or J-1 Visa. (Since you are seeking a Licence/Rating)
If you decide not to convert your licence and just fly on an F.A.A. Student Solo Certificate, you will once again need to be on an F-1, M-1, or J-1 Visa. (Since it is a Student Licence)
3) Going to the U.S.A. in order to train for a J.A.A. or F.A.A. Licence. You must be on a F-1, M-1, J-1 Visa. (Since you are seeking a Licence/Rating)
4) If you are coming to the U.S.A. in order to revalidate you licence, either F.A.A. or J.A.A., you can come on a Visa Waiver since that is a currency requirement and you are not adding a Rating/Licence. This is subject to change since the authorities are looking at this situation and there are people in I.N.S. which want this to require a Visa.
5) If you have entered the U.S.A. on holiday and while here decided to do flight training. Should you want to train in the U.S.A. after you arrive in the U.S.A. and are on a B Visa, you can apply to change your status to F-1/M-1/J-1 Visa and must wait till your status is changed before you can begin training. If you entered the U.S.A. on a Visa Waiver, you will have to leave the country, obtain the appropriate Visa and then return to train. The Visa Waiver is NOT a Visa and therefore you do not have a Visa to change status on.
Where do you find the information:
If you have any questions about what Visas you are required to have, contact the U.S. Embassy in your country. They are the direct source. Anything else is "hear say", even this thread is technically "hear say". The U.S. Embassy will give you definitive answers on any requirements on entering the U.S.A.
The most common Visa for J.A.A. flight training in the U.S.A. is the M-1 Visa. Here is a thread which I posted on October 03, 2001 explaining the M-1 Visa:
M-1 Visa Explained (http://www.pprune.org/forums/showthread.php?s=&threadid=7484)
The changes since that thread was posted are:
When you go to the Embassy you need to bring:
1) A letter from the school you are going to attend listing the max takeoff weight of the aircraft or simulator you are going to train in.
2) Completed Form DS-0156 (http://travel.state.gov/DS-0156.pdf)
3) Completed Form DS-0158 (http://travel.state.gov/DS-0158.pdf)
4) Completed Form DS-0157 (http://travel.state.gov/DS-0157.pdf) (If you are Male between the ages of 16 and 45)
This process will take on average 7 to 10 days.
What are the actual INS Regulations:
These are the rules which were added on 12th of April 2002 by FR 11-02 in order to close the loopholes in flight training:
Requiring Change of Status From B to F-1 or M-1 Nonimmigrant Prior to Pursuing a Course of Study (http://www.ins.gov/lpBin/lpext.dll/inserts/fr/fr-80865/fr-83683?f=templates&fn=document-frame.htm#fr-67fr18062)
The changes were made to:
8 CFR PART 214 -- NONIMMIGRANT CLASSES (http://www.ins.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-9606/slb-17082?f=templates&fn=document-frame.htm#slb-cfrp214)
and
8 CFR PART 248 -- CHANGE OF NONIMMIGRANT CLASSIFICATION (http://www.ins.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-9606/slb-26759?f=templates&fn=document-frame.htm#slb-cfrp248)
The Visa Waiver Program:
8 CFR PART 217 -- VISA WAIVER PROGRAM (http://www.ins.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-9606/slb-21126?f=templates&fn=document-frame.htm#slb-cfrp217)
Note the Visa Waiver Program does not allow any training of any kind in the U.S.A.
If anyone tells you to lie to the Immigration Officer when you enter the country (ie. say you are on holiday), that means they know the Laws and are knowingly telling you to Violate them. Be sure to check with the U.S. Embassy if you have any questions.
I hope this helps anyone wanting to fly in the U.S.A. enter the U.S.A. correctly.
Happy Flying,
Capt. Richard J. Gentil, Pres.
Naples Air Center, Inc.
On the 12th of April 2002 the immigration rules changed and affected flight training in the U.S.A.
Who needs a Visa and what type will you need:
1) If you are coming to hour build or a flying holiday and have a FAA Licence or an FAA licence issued on the basis of your Foreign Licence, you can enter the country on a Visa Waiver and fly as long as you meet the F.A.R.s. (BFR, Medical, etc.)
2) If you need to convert your licence to a Restricted F.A.A. Licence, you will need to submit the request to the F.A.A. in Oklahoma City so they can do a full background check; this process takes upwards of 60 days. If you get the o.k. to convert your licence you can enter the country on a Visa Waiver.
If you do not have the time to wait to convert your licence, you can take the F.A.A. Written Test and the Flight Test in order to get an Unrestricted F.A.A. Licence. In order to do this you will need to be on an F-1, M-1, or J-1 Visa. (Since you are seeking a Licence/Rating)
If you decide not to convert your licence and just fly on an F.A.A. Student Solo Certificate, you will once again need to be on an F-1, M-1, or J-1 Visa. (Since it is a Student Licence)
3) Going to the U.S.A. in order to train for a J.A.A. or F.A.A. Licence. You must be on a F-1, M-1, J-1 Visa. (Since you are seeking a Licence/Rating)
4) If you are coming to the U.S.A. in order to revalidate you licence, either F.A.A. or J.A.A., you can come on a Visa Waiver since that is a currency requirement and you are not adding a Rating/Licence. This is subject to change since the authorities are looking at this situation and there are people in I.N.S. which want this to require a Visa.
5) If you have entered the U.S.A. on holiday and while here decided to do flight training. Should you want to train in the U.S.A. after you arrive in the U.S.A. and are on a B Visa, you can apply to change your status to F-1/M-1/J-1 Visa and must wait till your status is changed before you can begin training. If you entered the U.S.A. on a Visa Waiver, you will have to leave the country, obtain the appropriate Visa and then return to train. The Visa Waiver is NOT a Visa and therefore you do not have a Visa to change status on.
Where do you find the information:
If you have any questions about what Visas you are required to have, contact the U.S. Embassy in your country. They are the direct source. Anything else is "hear say", even this thread is technically "hear say". The U.S. Embassy will give you definitive answers on any requirements on entering the U.S.A.
The most common Visa for J.A.A. flight training in the U.S.A. is the M-1 Visa. Here is a thread which I posted on October 03, 2001 explaining the M-1 Visa:
M-1 Visa Explained (http://www.pprune.org/forums/showthread.php?s=&threadid=7484)
The changes since that thread was posted are:
When you go to the Embassy you need to bring:
1) A letter from the school you are going to attend listing the max takeoff weight of the aircraft or simulator you are going to train in.
2) Completed Form DS-0156 (http://travel.state.gov/DS-0156.pdf)
3) Completed Form DS-0158 (http://travel.state.gov/DS-0158.pdf)
4) Completed Form DS-0157 (http://travel.state.gov/DS-0157.pdf) (If you are Male between the ages of 16 and 45)
This process will take on average 7 to 10 days.
What are the actual INS Regulations:
These are the rules which were added on 12th of April 2002 by FR 11-02 in order to close the loopholes in flight training:
Requiring Change of Status From B to F-1 or M-1 Nonimmigrant Prior to Pursuing a Course of Study (http://www.ins.gov/lpBin/lpext.dll/inserts/fr/fr-80865/fr-83683?f=templates&fn=document-frame.htm#fr-67fr18062)
The changes were made to:
8 CFR PART 214 -- NONIMMIGRANT CLASSES (http://www.ins.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-9606/slb-17082?f=templates&fn=document-frame.htm#slb-cfrp214)
and
8 CFR PART 248 -- CHANGE OF NONIMMIGRANT CLASSIFICATION (http://www.ins.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-9606/slb-26759?f=templates&fn=document-frame.htm#slb-cfrp248)
The Visa Waiver Program:
8 CFR PART 217 -- VISA WAIVER PROGRAM (http://www.ins.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-9606/slb-21126?f=templates&fn=document-frame.htm#slb-cfrp217)
Note the Visa Waiver Program does not allow any training of any kind in the U.S.A.
If anyone tells you to lie to the Immigration Officer when you enter the country (ie. say you are on holiday), that means they know the Laws and are knowingly telling you to Violate them. Be sure to check with the U.S. Embassy if you have any questions.
I hope this helps anyone wanting to fly in the U.S.A. enter the U.S.A. correctly.
Happy Flying,
Capt. Richard J. Gentil, Pres.
Naples Air Center, Inc.