If you have a stand alone PPL FAA you are definitely exempt TSA for cpl training and thus no need for an M1 visa or the 120 form that preceeds it for that reason.
The TSA security threat assessment required of certain persons prior to their receiving flying training is established separately to immigration regulations requiring aliens who seek a "course of study" to obtain the appropriate student visa. In all circumstances requiring a threat assessment it is irrelevant whether the training is received within the jurisdiction of the United States (Sec 612 of Vision 100 - Century of Aviation Reauthorization Act). The immigration and threat assessment requirements must therefore be viewed as distinct requirements imposed upon certain persons.
The case in point is whether an alien wishing to acquire a professional FAA airman certificate in the United States, which does not necessarily give rise to a requirement for a TSA threat assessment, is mandated by US federal regulations to seek admission under an appropriate student visa. The basis for determining this requirement comes down to the interpretation of the words "course of study." Considering the popularity of this thread I think it is important for us to explore the two possibilities as dictated by an individual's personal training requirements. I should first like to address this point:
There is plenty of advice about what is and isn't permitted on VWP type entry and short courses of study that are incidental to your vacation are permitted
In May 2002 the Office of Inspector General published a Special Report,
Special Report , in which is it stated that training, incidental to a vacation, may be pursued by an alien admitted as a visitor (B-class visa). Footnote 10 to Ch. 2(III). Nevertheless on 12th April 2002 the Executive Associate Commissioner of the Office of Field Operations at the Department of Justice issued a memorandum on the subject of aliens being required to change their status from B-class to F- or M-class prior to commencing a course of study. The memorandum can be viewed here
http://www.eandvh.com/engine/pubs/ge...spx?id=40&dl=1
The memorandum starts by stating:
On April 12, 2002, an interim rule was published in the Federal Register (copy attached) that eliminates the ability of a B nonimmigrant (both B-1 visitors for business and B-2 visitors for pleasure) to begin a course of study at a United States school without first obtaining approval from the Immigration and Naturalization Service (Service) to change nonimmigrant status to that of either F-1 or M-1 student. The interim rule was effective upon publication.
Returning to the interpretation of "course of study" I refer to the second page of the memorandum under "Supplemental Guidance" which states (my underlining):
... The term "course of study" implies a focused program of classes, such as a full-time course load leading to a degree or, in the case of a vocational student, some type of certification. Casual, short-term classes that are not the primary purpose of the alien's presence in the United States, such as a single English language or crafts class, would not constitute a "course of study." Courses with more substance or that teach a potential vocation, such as flight training, would be considered part of a "course of study" and thus would require approval of a student status;
In the broadest interpretation of this memorandum it is necessary for an alien pursuing training in flying to be under an F- or, as will be more usual in this case, an M-class visa. Specific reference to the terrorist attacks of September 11th is made on the first page of the memorandum and it is therefore reasonable to be less lenient in interpreting "course of study" in connection with flying training.
The relevant federal regulations are:
8 CFR 214.2(b)(7) Enrollment in a course of study prohibited. An alien who is admitted as, or changes status to, a B-1 or B-2 nonimmigrant on or after April 12, 2002, or who files a request to extend the period of authorized stay in B-1 or B-2 nonimmigrant status on or after such date, violates the conditions of his or her B-1 or B-2 status if the alien enrolls in a course of study. Such an alien who desires to enroll in a course of study must either obtain an F-1 or M-1 nonimmigrant visa from a consular officer abroad and seek readmission to the United States, or apply for and obtain a change of status under section 248 of the Act and 8 CFR part 248. The alien may not enroll in the course of study until the Service has admitted the alien as an F-1 or M-1 nonimmigrant or has approved the alien's application under part 248 of this chapter and changed the alien's status to that of an F-1 or M-1 nonimmigrant.
and,
8 CFR 248.1(c)(3) A nonimmigrant who is admitted as, or changes status to, a B-1 or B-2 nonimmigrant on or after April 12, 2002, or who files a request to extend the period of authorized stay as a B-1 or B-2 nonimmigrant on or after such date, may not pursue a course of study at an approved school unless the Service has approved his or her application for change of status to a classification as an F-1 or M-1 student. USCIS will deny the change of status if the B-1 or B-2 nonimmigrant enrolled in a course of study before filing the application for change of status or while the application is pending.
The individual above has stated,
My attendance at the school will be to finish the minimum hours required and at the same time, fine tuning the manuevers, with the CFI, in preparation for the Check Ride.
That flying which involves (1) refresher training, (2) aeroplane checkouts, and, (3) hour building, does not require a student visa because these components are not parts of a "course of study." Separately there is no TSA security threat assessment required to participate in those ventures. However, the individual states clearly that he will be "fine tuning the manuevers
(sic), with the CFI." Since he has not provided detailed information about his flying training history it is unclear whether the manoeuvres should include, for example, ground reference manoeuvres for which a European pilot shall require training. If he has satisfied all of the formal training requirements then he may be exempted from the requirement to undergo a pre-test preparation flight (
cf 14 CFR 61.39(c)(6)) if he holds a commercial pilot licence, granted by one of the ICAO Contracting States, conferring upon him privileges comparable to those of an FAA commercial pilot certificate.
The second possibility, namely the case in which a student visa is not required, is determined by the relevant FAA regulations which specify when "training" is required.
More on this topic on page 7 of this thread (post #126, 04-DEC-2011,
et seq.)