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Foreign pilots now allowed to apply for a Green Card?

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Foreign pilots now allowed to apply for a Green Card?

Old 3rd Feb 2022, 17:13
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Originally Posted by clinton86 View Post
Hi everyone.

So im asking for a friend, he has his FAA CPL ME/SE/IR with about 500 hrs. He has the opportunity to get his green card holder through some people. As the saying goes "its not what you know its who you know". he's keen to jump on the band wagon but I think its a gamble to just go get the green card straight away. even with a green card he still doesn't have the hours to even be considered hirable, I'm I wrong or right?. I told him, one doesn't need be a green card holder to work in the US as a pilot he can get a work visa but first he needs to build more hours.

Im not a US citizen so I don't have much knowledge on what the pilot situation or the hiring process is if companies are only hiring foreigners with green cards due to the headache and cost of having to sponsor someone especially with low flight hours that he has.

So should he go get the green card (takes months even a few years t get it before he can work form my understanding) and hope for the best or
first build the hours get at least 1500hrs and then apply and hope that someone will sponsor him for a work visa

Any light shed on this would be much appreciated.

Safe flying everyone..
My thoughts on this, if he can get a green card, then get it. That way, he can work on building his hours in country and once he has his hours, he can apply to any airline that he qualifies for. Not just those willing to sponsor. Having the green card will open a lot more opportunities for him. From instructing, pipeline patrol, jump planes, anything really for low time pilots.

Hoping for someone to sponsor him will only allow him that one shot at the sponsoring carrier.
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Old 3rd Feb 2022, 22:56
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The poster of the most recent question (Clinton), has his location as Mexico. This would lead me to believe his friend is also Mexican. The wait for a family or employment sponsored green card for Mexican citizens is very long. Only a marriage green card is quicker which has already been mentioned.

I don't know what other visa a pilot would qualify for maybe H1B???
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Old 4th Feb 2022, 01:17
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Originally Posted by Climb150 View Post

I don't know what other visa a pilot would qualify for maybe H1B???
Recent info from a major US regional is a big fat no, E3s and H1B1s only, so Aussies and Singaporeans, Chileans…

That H1B is reserved for mostly the computing industry and a select few other specialist occupations, if the regionals can’t bring anyone in on a H1B and they are pretty desperate at the moment then I take it is a definite no.
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Old 5th Feb 2022, 00:15
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Originally Posted by BAe 146-100 View Post
Recent info from a major US regional is a big fat no, E3s and H1B1s only, so Aussies and Singaporeans, Chileans…

That H1B is reserved for mostly the computing industry and a select few other specialist occupations, if the regionals can’t bring anyone in on a H1B and they are pretty desperate at the moment then I take it is a definite no.
Qualifying occupations for H1B is actually pretty big. Elementary school teacher qualifies. Airlines have used H1B for pilots in the past so it isn't out of the question. The fact that H1B is now a lottery turns everything upside down.
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Old 8th Feb 2022, 10:53
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Hello friends,I am interested in EB-2 NIW, but I do not know if I am qualified or with a bigger chance to apply.

I have flown in an airline for more than ten years and I am still employed as an airline pilot now. I have a bachelor's degree but not aviation related and have been credited by the WES organization equal to a US bachelor's degree. I have an ICAO CPL and a FAA ATP, and I have some jet ratings with PIC qualification on my FAA ATP. I am a member of two famous aviation organizations. Can this help me to apply for this kind of visa?

Kind Regards
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Old 13th Feb 2022, 08:52
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Ok I read through all the posts here.

I have EASA ATPL licence 3k hours and a Masters degree that is aviation related.

As I understand it I could possibly get a visa but still a slim chance and will cost $$$$$$$ to find out.
So……
My partner works for a US based company and has an option to go and work in the US if she wanted. We have considered it. They would sort that out for her.

Would that make a difference if we moved to US and I applied once in the US?


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Old 13th Feb 2022, 12:18
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From my understanding as well, Irish citizens will soon be able to apply for this scheme too?
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Old 13th Feb 2022, 19:28
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Originally Posted by A320 Glider View Post
From my understanding as well, Irish citizens will soon be able to apply for this scheme too?
A320 Glider,

Is this the one you're thinking of ? If so, it appears to have passed the House of Representatives a couple of years ago, got referred to some Senate committee...which is where bills go to die. Can't find any more on it:

https://www.congress.gov/bill/116th-...ouse-bill/2877
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Old 14th Feb 2022, 00:34
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Think this is for the E-3, non-immigrant visa. Used (only) by the Australians, they are not using up the full quota…
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Old 16th Feb 2022, 00:25
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AIMh123,

The short annwer is you qualify. But let your partner's US based company sponsor her first, once she gets the work visa you can be be a dependent (assuming you are married) then try to process the EB-2 NIW from within the US.

Moving to the US without the assurance of employment raises a red flag from USCIS so it is better that one of you has an established employer already before coming over.

my 2 cents worth.
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Old 16th Feb 2022, 00:29
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Originally Posted by Newcomer2 View Post
Guys, the only ones who succeeded are not the average pilots. They were TRIs/TREs, lecturers, management pilots, test pilots,...not basic captains. 15 years in the industry and more than 10000h. With a good lawyer and most of all with top notch references from high profile indutry experts. And they already had their FAA ATP to help the case. If you go for the visa first and the licence after, you don't understand how things work.
Going without a lawyer is in theory possible, but you don't stand a chance. Again, if you go without a good lawyer, you don't understand how things work in the US.
The point of the EB2-NIW is to show that you have extraordinary skills and credentials.
it all depends on the argument and how you frame it to USCIS. Don't ask me how I know.
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Old 16th Feb 2022, 13:34
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Originally Posted by FourStripes View Post
it all depends on the argument and how you frame it to USCIS. Don't ask me how I know.
Oh go on, how’d you know?
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Old 28th Feb 2022, 07:54
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"From my understanding as well, Irish citizens will soon be able to apply for this scheme too?"

My irish friend has just applied, so I guess its up and running.
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Old 7th Mar 2022, 23:27
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Quick update on our pplication for NIW Eb-2. Don't waste thousands of $$ on lawyers. We applied on our own on Oct 08 2021, and on Feb 23 2022 our I-140 was successfully approved. I know it's not a final step yet, cause it has to go to Consular Processing, but it means that this NIW stream for pilots is working. My partner who is a petitioner has 10,000 hrs, Bachelor's Degree and French military ATC license, and currently employed with Canadian airline as a SIC. P.S. He did not do any conversion. I prepared the package by myself, so if you decide to go the same way we did, read well the cases of people who applied (can be scientists, professors) to see how the package should look like and how to fill all the forms. We had only 2 recommendation letters, but I would put 4-5. Good luck to everyone!!!
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Old 8th Mar 2022, 11:02
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I have a friend that has applied for a EB2-NIW. He spent 90 days in the USA and then applied for visa status change in October. Last month he got called to do biometric fingerprints and should have a final answer in the next month. Seems there is actually hope.
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Old 19th Mar 2022, 15:59
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FAR121.436?

Hello everyone, nice to discuss with you all. I'm a PIC for 737/NG, my hours are around 8,000 and I have already applied for EB2-NIW. There's some information I do require before going to convert my ICAO license to FAA. It's about PIC qualifications in part 121.436 in a(3). The question is, Do I need to operate as SIC in part 121 operations 1,000hrs to fulfill PIC requirement? or I will be able to apply for a PIC job right away? the last paragraph is so confusing. Some advice or information from the US pilot would be appreciate, Thank you.

FAR121.436

§ 121.436

Pilot Qualification: Certificates and experience requirements.

(a) No certificate holder may use nor may any pilot act as pilot in command of an aircraft (or as second in command of an aircraft in a flag or supplemental operation that requires three or more pilots) unless the pilot:

(1) Holds an airline transport pilot certificate not subject to the limitations in § 61.617 of this chapter;

(2) Holds an appropriate aircraft type rating for the aircraft being flown; and

(3) If serving as pilot in command in part 121 operations, has 1,000 hours as second in command in operations under this part, pilot in command in operations under § 91.1053(a)(2)(i) of this chapter, pilot in command in operations under § 135.243(a)(1) of this chapter, or any combination thereof. For those pilots who are employed as pilot in command in part 121 operations on July 31, 2013, compliance with the requirements of this paragraph (a)(3) is not required.
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Old 19th Mar 2022, 18:42
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Originally Posted by stewartvwyk View Post
I have a friend that has applied for a EB2-NIW. He spent 90 days in the USA and then applied for visa status change in October. Last month he got called to do biometric fingerprints and should have a final answer in the next month. Seems there is actually hope.
stewart,

Just for information purposes, can you offer any details about your friend's situation so those interested can see what it takes to make progress on this visa ? Pilot ? Total time ? Other quals like check airman, training captain, aviation management experience ?
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Old 19th Mar 2022, 20:28
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I’m afraid you’ll need to do 1000 hours in the right hand seat before doing an upgrade. For some reason the FAA doesn’t consider time on a large aircraft as US Part 121 time. Been that way forever as far as I understand.
 
Old 19th Mar 2022, 21:03
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Originally Posted by CapTITI View Post
Hello everyone, nice to discuss with you all. I'm a PIC for 737/NG, my hours are around 8,000 and I have already applied for EB2-NIW. There's some information I do require before going to convert my ICAO license to FAA. It's about PIC qualifications in part 121.436 in a(3). The question is, Do I need to operate as SIC in part 121 operations 1,000hrs to fulfill PIC requirement? or I will be able to apply for a PIC job right away? the last paragraph is so confusing. Some advice or information from the US pilot would be appreciate, Thank you.

FAR121.436

§ 121.436

Pilot Qualification: Certificates and experience requirements.

(a) No certificate holder may use nor may any pilot act as pilot in command of an aircraft (or as second in command of an aircraft in a flag or supplemental operation that requires three or more pilots) unless the pilot:

(1) Holds an airline transport pilot certificate not subject to the limitations in § 61.617 of this chapter;

(2) Holds an appropriate aircraft type rating for the aircraft being flown; and

(3) If serving as pilot in command in part 121 operations, has 1,000 hours as second in command in operations under this part, pilot in command in operations under § 91.1053(a)(2)(i) of this chapter, pilot in command in operations under § 135.243(a)(1) of this chapter, or any combination thereof. For those pilots who are employed as pilot in command in part 121 operations on July 31, 2013, compliance with the requirements of this paragraph (a)(3) is not required.
Your prior overseas PIC and SIC time don't matter a bit in the U.S. No one is going to hire you as a PIC anyway in 121. It's all seniority based upgrade.

You need 1,000 hrs as SIC or PIC as specified under that section (3) from the US operators.

It's all about seniority.

Last edited by lee_apromise; 19th Mar 2022 at 22:48.
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Old 20th Mar 2022, 00:59
  #100 (permalink)  
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Originally Posted by CapTITI View Post
Hello everyone, nice to discuss with you all. I'm a PIC for 737/NG, my hours are around 8,000 and I have already applied for EB2-NIW. There's some information I do require before going to convert my ICAO license to FAA. It's about PIC qualifications in part 121.436 in a(3). The question is, Do I need to operate as SIC in part 121 operations 1,000hrs to fulfill PIC requirement? or I will be able to apply for a PIC job right away? the last paragraph is so confusing. Some advice or information from the US pilot would be appreciate, Thank you.

FAR121.436

§ 121.436

Pilot Qualification: Certificates and experience requirements.

(a) No certificate holder may use nor may any pilot act as pilot in command of an aircraft (or as second in command of an aircraft in a flag or supplemental operation that requires three or more pilots) unless the pilot:

(1) Holds an airline transport pilot certificate not subject to the limitations in § 61.617 of this chapter;

(2) Holds an appropriate aircraft type rating for the aircraft being flown; and

(3) If serving as pilot in command in part 121 operations, has 1,000 hours as second in command in operations under this part, pilot in command in operations under § 91.1053(a)(2)(i) of this chapter, pilot in command in operations under § 135.243(a)(1) of this chapter, or any combination thereof. For those pilots who are employed as pilot in command in part 121 operations on July 31, 2013, compliance with the requirements of this paragraph (a)(3) is not required.
The FAR's are very clear, you need experience as PIC/SIC with 121 or PIC 135, the foreign airlines are not part 121. I have more than 11,000 hours as PIC (foreign airlines) and 9000 of it in jets, I also have around 600 SIC in part 121 and I still do not qualify to be a PIC in part 121. I am currently working as a FO to build my time towards required 1000 before I will be considered for PIC position.

I know not the answer you want to hear but that's how FAA and airlines in the USA interprets it.
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