Foreign pilots now allowed to apply for a Green Card?
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Hi Guys,
Do not take it offensive. I agree with you and I think this is the good way how you are doing. Pilots stick together in Union, who spend more time with company have some privilege.
Just can not understand the logic. I heard about short of experienced pilots in USA. To have a 10+ thousand hours experienced pilot from outside to sit in the right seat is simply waste of money if he is suitable for left seat. For sure you have enough pilots with low experience who want to be FO.
Do not take it offensive. I agree with you and I think this is the good way how you are doing. Pilots stick together in Union, who spend more time with company have some privilege.
Just can not understand the logic. I heard about short of experienced pilots in USA. To have a 10+ thousand hours experienced pilot from outside to sit in the right seat is simply waste of money if he is suitable for left seat. For sure you have enough pilots with low experience who want to be FO.
From my observation of the regional situation (based on anecdotal data because these regionals don't provide such so I have to rely on info posted on websites ), there is in fact a captain shortage in the regionals. This involves a few factors:
(1) The hiring at the legacy and LCC level is sapping off regional captain, LCA and instructor cadres at a great rate.
(2) More regionals are advertising for DECs as a result.
(3) It's said there are allegedly many regional F/Os who won't upgrade because it would degrade their QOL. And the hiring trend at legacies is said to be taking more regional pilots without PIC time so perhaps they don't have to give up that QOL to move to a career-destination spot. What percentage of legacy hiring is this ? I don't know but this situation is said to be happening more and more. I've seen it happen in a case or two where I have personal knowledge.
So, every regional new-hire F/O needs captains to fly with to get them to the magic 1,000 hours Part 121 time so THEY can upgrade...and sim instructors to train them and LCA to give them IOE.
The regional captain drain is said to be the wrench in the regional works. Can I prove that ? Nope but it's the song being sung on many av forums.
Time will tell the truth. And you're correct there's no shortage of regional F/O candidates but I'm not sure about there being no shortage of regional F/Os willing to upgrade. Sufficient F/O upgrades would preclude the need for DECS.
Last edited by bafanguy; 11th Apr 2022 at 08:11.
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NIW-EB2
To begin, the National Interest Waiver filing for pilots is a fairly complex process, primarily because there is typically not an advanced degree and it can be a challenge to satisfy the national interest requirement.
There is a rumor that commercial pilots are eligible for green cards under the National Interest Visa Waiver program. One rumor claimed that President Biden declared that because of a pilot shortage, it is in the national interest to hire foreign pilots. This is simply not true.
To entice commercial pilots to apply for a green card, there is information that has been posted online that demonstrates that pilots can meet the exceptional ability criteria and do not require an advanced degree to apply for a National Interest Waiver. While this may be true for many pilots, the exceptional ability requirement is only the minimum qualification and the threshold issue.
Once an individual can establish they meet the exceptional ability threshold, they must then establish that they qualify for the waiver. The biggest hurdle to overcome is being able to establish national interest. To meet this prong you must be making contributions to your field beyond your employer that have a broader impact on your field. This is typically shown for researchers through peer-reviewed publications and citations, showing that others are relying on their work. For commercial pilots, this can be difficult to establish. The work of a commercial pilot is typically in the interest of their employer and their work is not having an impact beyond the airline and the passengers they fly. The scope of the impact is too narrow to be in the national interest. Where we have had witnessed success meeting the national interest for pilots is in cases where they are working as medivac pilots flying in medically underserved areas or hard-hit areas during COVID. Pilot instructors who teach others to become pilots to lessen the impact of the pilot shortage. Pilots working in some capacity with the U.S. government, such as test pilots. Pilots working in a safety capacity, including accident investigation. Flying as a commercial pilot by itself does not meet this standard.
We have heard of some cases for commercial pilots being approved. However, these cases, if true, are going to be the exception to the rule. The vast majority of commercial pilot cases will be denied. The worst thing we are hearing is that some pilots are filing both an I-140 and I-485 concurrently. While this may get you an employment authorization to work in the U.S. while your case is pending. If the I-140 is denied, you will lose your work authorization and you will have to leave the country. Also, since you have made a declaration of immigrant intent it can be difficult to obtain a non-immigrant visa to the U.S. in the future.
The best way for a commercial pilot to get a green card is through employer sponsorship. Airlines who have a shortage are can take advantage of the EB2 - PERM process. Additionally, pilots from Australia can get a temporary non-immigrant E3 visa to fly commercially in the U.S.
There is a rumor that commercial pilots are eligible for green cards under the National Interest Visa Waiver program. One rumor claimed that President Biden declared that because of a pilot shortage, it is in the national interest to hire foreign pilots. This is simply not true.
To entice commercial pilots to apply for a green card, there is information that has been posted online that demonstrates that pilots can meet the exceptional ability criteria and do not require an advanced degree to apply for a National Interest Waiver. While this may be true for many pilots, the exceptional ability requirement is only the minimum qualification and the threshold issue.
Once an individual can establish they meet the exceptional ability threshold, they must then establish that they qualify for the waiver. The biggest hurdle to overcome is being able to establish national interest. To meet this prong you must be making contributions to your field beyond your employer that have a broader impact on your field. This is typically shown for researchers through peer-reviewed publications and citations, showing that others are relying on their work. For commercial pilots, this can be difficult to establish. The work of a commercial pilot is typically in the interest of their employer and their work is not having an impact beyond the airline and the passengers they fly. The scope of the impact is too narrow to be in the national interest. Where we have had witnessed success meeting the national interest for pilots is in cases where they are working as medivac pilots flying in medically underserved areas or hard-hit areas during COVID. Pilot instructors who teach others to become pilots to lessen the impact of the pilot shortage. Pilots working in some capacity with the U.S. government, such as test pilots. Pilots working in a safety capacity, including accident investigation. Flying as a commercial pilot by itself does not meet this standard.
We have heard of some cases for commercial pilots being approved. However, these cases, if true, are going to be the exception to the rule. The vast majority of commercial pilot cases will be denied. The worst thing we are hearing is that some pilots are filing both an I-140 and I-485 concurrently. While this may get you an employment authorization to work in the U.S. while your case is pending. If the I-140 is denied, you will lose your work authorization and you will have to leave the country. Also, since you have made a declaration of immigrant intent it can be difficult to obtain a non-immigrant visa to the U.S. in the future.
The best way for a commercial pilot to get a green card is through employer sponsorship. Airlines who have a shortage are can take advantage of the EB2 - PERM process. Additionally, pilots from Australia can get a temporary non-immigrant E3 visa to fly commercially in the U.S.
Summary:
The rumor that Commercial Pilots qualify for an NIW based on the pilot shortage is false. There is no “Pilot Green Card”. Commercial pilots need to typically be sponsored by an employer for an employment visa and they can also be sponsored by an employer for a green card. Certain airlines occasionally are sponsoring foreign pilots for H1B visas through the H1B lottery. To qualify for an NIW a pilot must have additional skills and qualifications that would be deemed to be in the national interest and they would need to have a letter from a U.S. employer expressing an interest in hiring them in that capacity (instructor, safety, accident investigation, etc.). We have received hundreds of inquiries from pilots but only a handful have any chance of success. Where the confusion lies is that there were articles published that suggested pilots meet the exceptional ability standards without an advanced degree. While that may be the case, meeting the exceptional ability criteria is just the beginning. From there the pilot needs to either be sponsored (EB2 – PERM) or if they can satisfy the requirements to qualify under the national interest, they can self sponsor. Flying for a commercial carrier is not in the national interestJoin Date: Nov 2013
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I know personally already 4 guys who got their petition approved. They are just regular commercial pilots without anything 'special'.
People say the majority will be denied, but why are they saying this? As I know 4 out of 4 who got approved!?
People say the majority will be denied, but why are they saying this? As I know 4 out of 4 who got approved!?
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Hi Everyone,
This is all about the `case`. I suggest you to read the Matter of DHANASA. It's case that has opened the gate for the skilled workers without having a sponsorship. The better you present your case like Mr/Ms. DHANASA, the better chance you have. No need for a lawyer at all if your case is really strong.
All you need is `the case`, well structured file and 700 USD application fee.
If you think you need a lawyer, then this website (wegreened.com) might help you
(they have over 10000 approved case and I have not any tie with them)
DM me if you need more details.
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Until you have a posting history you don't have access to private messaging and adding urls. Offering an email address far more effective for now.
This is all about the `case`. I suggest you to read the Matter of DHANASA. It's case that has opened the gate for the skilled workers without having a sponsorship. The better you present your case like Mr/Ms. DHANASA, the better chance you have. No need for a lawyer at all if your case is really strong.
All you need is `the case`, well structured file and 700 USD application fee.
If you think you need a lawyer, then this website (wegreened.com) might help you
(they have over 10000 approved case and I have not any tie with them)
DM me if you need more details.
-----------------------------------------------------------------------------
Until you have a posting history you don't have access to private messaging and adding urls. Offering an email address far more effective for now.
I met a person recently who told people he got a green card through the NIW and he is a pilot. After asking this person numerous questions about the process he finally admitted that he actually got a green card from marriage.
A legal firm was using him as a "success" story to get more clients.
I do know one person who genuinely got the NIW approved but he is highly qualified and was the director of operations at their last company.
A legal firm was using him as a "success" story to get more clients.
I do know one person who genuinely got the NIW approved but he is highly qualified and was the director of operations at their last company.
Join Date: Nov 2013
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It all depends on how you present your case. People who say it is impossible to get it as a pilot, they just write something from here say or whatever. Besides I think most cases are still being processed, so in the end no one could be really sure anyway
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I received one about a year ago after an 11 month wait. My experience far exceeded their 10,000 requirement and I held a full FAA ATPL with 4 commercial jet endorsements.
The process exists, however I think many here simply don't have the experience that suits. I'm with a large Biz jet operator with most of the flying being international. Way better gig than working in HK
The process exists, however I think many here simply don't have the experience that suits. I'm with a large Biz jet operator with most of the flying being international. Way better gig than working in HK
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Not wanting to start an entirely new thread, i figure my question is "close enough" to be asked in here:
Whats the current state of H1B visas for regular instructor jobs in the USA (part 141 regular zero to hero training)?
Whats the current state of H1B visas for regular instructor jobs in the USA (part 141 regular zero to hero training)?
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I heard some positive news on the green card front. Many lawyers are having success with their client's....
The only downside is the cost of the lawyer. 10k usd
The only downside is the cost of the lawyer. 10k usd
Last edited by Johnthemidjit; 5th Jun 2022 at 08:05.
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Lots of experienced airline pilots being approved recently on EB2 NIW, some not even hiring a law firm, but self petition at local consulate. And it’s happening fast now, about 6 months time from submitting in some cases I know of. Jobs and conditions are booming in US…
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Mostly europe and south america that I know. Many young captains (always more than 10 years flying airline) running to america, and some of these guys don’t even have FAA ATP converted yet.
Thanks for the info. Would you happen to know what type of visa they're using to get the legal ability to live/work in the USA ? And what companies they're getting hired by ?
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EB2-NIW. I won’t talk about any particular case, but I can say focus are on part 121 FO positions, and part 135 captain positions. I often hear that any part 121 FO, from the second year since hired, will beat any european low cost captain salary by far. Maybe someone here currently on that position could confirm.
I would think that Part 121 ops would be the likely place for people to look.
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EB2-NIW. I won’t talk about any particular case, but I can say focus are on part 121 FO positions, and part 135 captain positions. I often hear that any part 121 FO, from the second year since hired, will beat any european low cost captain salary by far. Maybe someone here currently on that position could confirm.
Can you provide some names to have an idea of the type of flying or the aircraft and routes flown?
The regulations draw a line based on aircraft seating. “Commuter” operations (which are scheduled operations) with a non-transport category turboprop with less than 20 seats or using a transport category turboprop or jet with less than 31 seats fall under 135. “On demand” operations are not defined but they also fall under 135 rules. So if it is a charter operation but not 121 Supplemental it would also be a 135 operation.
It used to be so simple, a DC-3 or smaller was 135 and larger than a Three was 121.
It used to be so simple, a DC-3 or smaller was 135 and larger than a Three was 121.