dera,
Admission of nonimmigrants to the US under the B visa class (i.e. visitors, including those admitted under the visa waiver program) is conditional on the visit not being for the "purpose of study" [1] and a change of status is needed before a course of study can be started [2]. The US Department of Justice, in a memorandum to its regional directors issued in April 2002 [3], provides insight into its interpretation of "course of study":
Originally Posted by DOJ Memorandum, April 2002
"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 he 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 itself it is an unreasonable inference to state that a few hours' refresher flying constitute a "course of study." How does one distinguish between refresher training for its own sake, and training that is creditable toward a further qualification as for example in the case of a
61.75 holder seeking a standalone US private pilot certificate? In fact this problem of dual purpose isn't limited to US certification because training could be received from an instructor qualified as such only under a foreign authority, leading to the instructed person acquiring a foreign qualification. Such training cannot lead directly to a US airman certificate [4], yet thousands of EASA PPL holders have been trained under these circumstances in the United States and it would be wrong to view their training as anything but "courses of study."
Under the most conservative view any training received from any person in the US for any qualification purpose can be deemed a "course of study." If you want a more civilised form of tyranny try Canada.
[1]
Immigration and Nationality Act 101(a)(15)(B).
[2]
8 CFR 248.1(c).
[3] Memorandum for Regional Directors, et al. Office of the Executive Associate Commissioner, US DOJ. April 12th, 2002. Available at:
http://www.eandvh.com/engine/pubs/ge...spx?id=40&dl=1
[4]
14 CFR 61.41(a)(2).