US VISA for private operators

[Crabbing]

Hello,

I hold an EU Passport and going to fly my M reg aircraft to the US.
It is a private operator.
Do I need any Visa or normal entry procedure take place, as it is for tourists? (waiver)

Thanks,
Crabbing

[mnehpets]

The visa waiver program doesn't apply for travelers on private flights. So you'll need a visa such as a B1.

See:

http://travel.state.gov/visa/temp/without/without_1990.html#national

[flydive1]

You need a VISA, both pax and crew

Are crew?

In some airport they ask the B1/B2 Visa(tourist) others the C1/D(crew), there seems to be no fixed rule.

You also need a Waiver for the aircraft, as well as to fill out the EAPIS form(and take it with you)

https://eapis.cbp.dhs.gov/

[His dudeness]

My CoCapt and I went to the same US - Embassy with exactly the same papers and wanted both a C1/D as this was apparently we needed. (cost me exactly 175 USD to find out via the US Embassy hotline - directly connected to a rumanian student in an irish call centre...)

I got a 5 year C1/D, my colleague a B1/B2 and C1/D for 10 years.

Why we were treated so differently with the same set of papers we never figured out...

We never used it yet. And I hope I never have to, apparently the US immigration and Customs can be a nightmare...

[envoy]

I fly on a private aircraft to and from the USA and can share my experience with this. I hold both C1/D and B1/B2 visas, on advice from my local US visa office. This has proven an advantage when - depending on the location and the Border Protection officer's decision at the time - they have stamped me in on one visa or the other.

I recently flew to the US as a passenger on a commercial flight. I was travelling there to pre-position for a private flight as operating crew. This presented an unusual situation - should I enter under the B1/B2 (business), C1/D (crew) or Visa Waiver (pax)?

I took the opportunity to discuss this with the Border Protection officer, who agreed that a lot of locations have no idea - they don't understand the rules, and may misinterpret them. His explanation, which made sense, was as follows:

- travelling in and out as a fare paying passenger - Visa Waiver (where valid!)

- operating crew on a commercial (ie. charter) flight - C1/D visa

- operating crew on a private flight - B1/B2 visa

Although I was entering as a passenger on a commercial flight, because I was in the USA to act as operating crew on a private flight, he stamped me in on my B1/B2 business visa.

Ok, I know I can't back this up with references or documentation... but in years of trying to figure the system out this was the first reasonable explanation I heard. Notwithstanding what 'should' happen, I think having both visas will cover your *ss for those times when the immigration officer wants to interpret the rules differently...

[flydive1]

Yes, as I said above there seem to be a fixed rules on which VISA they will ask for, every airport seems to think different, an no point on arguing with the Immigration officer about it at entry point, take what you get.

Get both VISAs on your passport, you might have to fight a bit with the embassy for it;)

[envoy]

Oh... and regarding any pax. The references below about submitting EAPIS documentation are correct. You fail to do that - big problems. I would strongly recommend contacting the CBP office at the airport of entry, and talk to them about this and any other requirements.

You will also need a customs sticker attached to the airframe. They are issued annually. Can't say I know too much about it, as my ops people take care of it. But it is required, and every time I have entered CBP have checked for it.

The country of issue of your pax's passports will determine their entry requirements. Although some might be able to use Visa Waiver when travelling commercially, unless your company's operation has a Visa Waiver agreement with the USA, you can not use this system.

Finally - no matter what the country of registration - you can expect the CBP officer to request to sight pilot licences and medicals. I am pretty sure that, at the very least, they will confirm PIC licence and medical, as this must be submitted through EAPIS.

[flydive1]

Yes, forgot about the Custom decal.

You have to request it online before going.

User Fee Decals and Transponders - CBP.gov (http://www.cbp.gov/xp/cgov/travel/pleasure_boats/user_fee/user_fee_decal.xml)

[I.R.PIRATE]

Landed at Teterboro yesterday having departed Luton - on a pop-up trip.

Eapis was filed before takeoff, and we had a printed copy on board.

Customs decal had been paid for and was in the mail but we only had the invoice, and a scanned copy of said decal.

As I dont qualify for VISA waiver program, I only have a B1/B2 visa, valid for 10 years.

On landing customs guys inspected the aircraft, confirmed that is was a Part 91 flight, then took crew and pax to the office - grilled the pax a little on their reasons for this visit, and stamped all of our passports.

20 mins turnaround. No crew visas.

The wait for start at sunset in KTEB...on the other hand....

So as far as I understand, the difference lies with whether its a part 91, or 135 flight to determine when a crew visa is required.

But, I could of course be wrong..

[Private jet]

As a private operator, B1/B2 always works for us at the points of entry we have used (KBGR & KPBI). C1/D ie "crew" visas are for airline and other commercial operators i.e charter.
Make sure your pax have visas as well, as the visa waiver scheme is only good for entry/exit via certain "big" airports with approved operators.
Also as previously stated file your EAPIS online and take a printout with you, and get the customs decal on your aircraft as well.

[flydive1]

So as far as I understand, the difference lies with whether its a part 91, or 135 flight to determine when a crew visa is required.I wish it was so clear cut.

Unfortunately, having landed in few airport, I can say it depends,it depends a lot on the airport, and even on the same airport it depends on the Immigration officer.

I had some that wanted to accept the B1/B2 only, others that accepted only the C1/D.

My advice is, get both of them to be on the safe side.

[Crabbing]

You have been most helpful

[mutt]

Newark Airport CBP stated that if one is employed as a crewmember then you must enter with a D1 visa.

Mutt

[Deva Diva]

Hi Crabbing,

Get your Company to provide you with a "support letter" (signed by your Chief Pilot / Director / CEO etc) stating why you need the Visas (would also recommend B1/B2 and C1/D). Take it with you to the Embassy when you attend your appointment.
I obviously can't guarantee it will work, but in nearly 4 years in a Crew Liaison / Support role (supporting nearly 90 AOC / Private aircrew of a variety of nationalities including British), we only had a problem on one occasion.
PM me if you would like a 'sample' support letter

Kind regards
Deva Diva

[envoy]

An update to my previous posts... on arrival in KSFO a couple of days ago, CBP informed me that although flying as crew on a private (part 91) jet, I am being paid for my services so I must enter using the C1/D visa... he told me to refer to the FARs for the details.

Which reinforces the advice from all and sundry here - get both visas, be prepared for anything!