Originally Posted by
havick
It’s USCIS that lets you in the country, and TSA that allows a foreign person to train. It’s really as simple as that.
USCIS does not let anyone in the country. USCIS approves or denies immigrant and non-immigrant petitions. USCIS can also change your status once you are lawfully admitted to the U.S.
If you are abroad, the sequence of events for anything other than a tourist/business visa, usually involves the following process:
1. A petition is filed by either the beneficiary, a family member, prospect employer, or an approved educational institution provides a form I-20 with ink signature.
2. USCIS approves the petition (not needed when using a form I-20)
3. The beneficiary applies for a visa at a consulate
4. Assuming the visa is approved, the beneficiary travels to the U.S. and applies for admission in the class stated on the visa.
5. CBP admits the alien for the time documented on the for I-94.
If someone enters the country on a visitor visa (b1/b2) or on the visa waiver program (VWP), then an ordinary flight school that's not an approved educational institution will have no way to verify the legal status of a prospective student.
Originally Posted by zondaracer
I have seen many cases where the TSA have approved foreigners on the visa waiver program to start training and I had to explain to flight school management that this was not legal.
While you are without a doubt correct, the average flight school does not have access to DHS records. The closest thing they could do is ask for I-9 documentation, but that could lead to false negatives (someone may be in the country legally, but not authorized to work, such as L2 status holders). In short, I don't think that a flight school will get in trouble once the TSA has approved someone. Worst case scenario, the student will be deported and barred from re-entering the country for violating their visa conditions.