PPRuNe Forums

PPRuNe Forums (https://www.pprune.org/)
-   North America (https://www.pprune.org/north-america-43/)
-   -   Foreign pilots now allowed to apply for a Green Card? (https://www.pprune.org/north-america/642833-foreign-pilots-now-allowed-apply-green-card.html)

jrmyl 3rd Feb 2022 16:13


Originally Posted by clinton86 (Post 11178960)
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.

Climb150 3rd Feb 2022 21:56

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???

BAe 146-100 4th Feb 2022 00:17


Originally Posted by Climb150 (Post 11179528)

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.

Climb150 4th Feb 2022 23:15


Originally Posted by BAe 146-100 (Post 11179565)
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.

GeorgeMa 8th Feb 2022 09:53

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

AIMINGHIGH123 13th Feb 2022 07:52

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?



A320 Glider 13th Feb 2022 11:18

From my understanding as well, Irish citizens will soon be able to apply for this scheme too?

bafanguy 13th Feb 2022 18:28


Originally Posted by A320 Glider (Post 11183758)
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

awair 13th Feb 2022 23:34

Think this is for the E-3, non-immigrant visa. Used (only) by the Australians, they are not using up the full quota…

FourStripes 15th Feb 2022 23:25

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.

FourStripes 15th Feb 2022 23:29


Originally Posted by Newcomer2 (Post 11134802)
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.

Ecam321 16th Feb 2022 12:34


Originally Posted by FourStripes (Post 11184850)
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?

74helo 28th Feb 2022 06:54

"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.

Ana_stasiia 7th Mar 2022 22:27

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!!!

stewartvwyk 8th Mar 2022 10:02

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.

CapTITI 19th Mar 2022 14:59

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.

bafanguy 19th Mar 2022 17:42


Originally Posted by stewartvwyk (Post 11196521)
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 ?

Andrew Van Oordt 19th Mar 2022 19:28

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.

lee_apromise 19th Mar 2022 20:03


Originally Posted by CapTITI (Post 11202359)
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.

DesiPilot 19th Mar 2022 23:59


Originally Posted by CapTITI (Post 11202359)
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.

CapTITI 20th Mar 2022 13:05

Thanks
 
Thank you for all answers. I hope these could clarify for all EB2-NIW foreigner pilots.:ok:

5strypes 21st Mar 2022 22:19


Originally Posted by 74helo (Post 11191979)
"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.

Any update on Irish citizens applications?

awair 22nd Mar 2022 00:45


Originally Posted by 5strypes (Post 11203584)
Any update on Irish citizens applications?

The route for Australian/Irish citizens is E3 (non-immigrant). The employer must sponsor.
The 'green card' option mentioned here is EB2 (NIW); immigrant visa, with no employer sponsor (self sponsored)

Climb150 22nd Mar 2022 03:09

E3 is not for Irish citizens.

awair 22nd Mar 2022 08:39

https://www.congress.gov/bill/116th-.../2877/all-info

Not sure what the progress is on this. But it has been proposed (several times?), and this bill has passed the House.

5strypes 22nd Mar 2022 13:29

I see it's been pushed a lot recently to add Irish citizens. It would be very interesting but probably not surprising if it did get approved. Are there many opportunities for E3 holders? I see a handful of regionals.

Climb150 22nd Mar 2022 19:07

https://www.google.com/amp/s/www.iri...neil-munro.amp


​​​​​This bill was killed in 2018. Keep up people!😁

5strypes 23rd Mar 2022 11:21


Originally Posted by Climb150 (Post 11204174)
https://www.google.com/amp/s/www.iri...neil-munro.amp


​​​​​This bill was killed in 2018. Keep up people!😁

https://www.irishtimes.com/news/irel...ople-1.4829765

Looks to be getting a relaunch...

bafanguy 23rd Mar 2022 15:40


Originally Posted by 5strypes (Post 11204539)
Looks to be getting a relaunch...

I have to admit surprise at this development. After it passed the House of Representatives, it went NORDO and I figured it would just die off.

So, in the interest of speculation (not we we do that very often here :D), how many 1500+ hour pilots does Ireland have to offer the US carriers accepting E3s?

Climb150 23rd Mar 2022 16:06

I love how something that was negotiated in the Australia/USA free trade agreement has been jumped on by the Irish.

If Ireland wants visas get your own free trade agreement. Oh that's right you can't because you are part of the EU.

Why does Ireland get them all. Why not Korea and maybe Taiwan? What makes Ireland so special.

5strypes 23rd Mar 2022 18:25


Originally Posted by Climb150 (Post 11204678)
I love how something that was negotiated in the Australia/USA free trade agreement has been jumped on by the Irish.

If Ireland wants visas get your own free trade agreement. Oh that's right you can't because you are part of the EU.

Why does Ireland get them all. Why not Korea and maybe Taiwan? What makes Ireland so special.

This seems borderline xenophobic. But to answer your passive aggressive question, I'd imagine because there are far greater historical ties between Ireland and the USA. I'd bet a large cohort of senators could trace roots back, just a handful of generations, to Ireland. Including Joe Biden himself. There already exists a fairly extensive trade network between the US and Ireland.

And to answer the previous question, I'd say not as many as Oz. Though with Stobart Air disappearing (albeit replaced by Emerald) and Ryanair with their questionable contracts, I'd wager there would be some takers.

Climb150 23rd Mar 2022 19:41

Where on earth did display any xenophobia? I can only assume since you took so much offence that you are Irish?

I simply stated it's a bit rude that Ireland are trying to get visas allocated to another country. How does Ireland think they are entitled to the fruits of another countries agreement?

Nobody in the USA is pushing for it. It's being lobbied by the Irish. If Ireland want more visas, they can come up with their own scheme.

What is this trade network you speak of? Ireland is in the EU and has no independent trade agreement with the USA. Many people in the USA claim to be Irish. None that I have met were born in Ireland nor were their parents or grandparents. Claiming to Irish in the USA is like a hobby.

bafanguy 23rd Mar 2022 22:57


Originally Posted by 5strypes (Post 11204744)
And to answer the previous question, I'd say not as many as Oz. Though...I'd wager there would be some takers.

No doubt. In the meantime, the young Irish hopefuls might want to familiarize themselves with FAR 121.436 to see the hurdles that lie before them should the E3 become an option.

Amadis of Gaul 25th Mar 2022 12:18


Originally Posted by bafanguy (Post 11204663)
So, in the interest of speculation (not we we do that very often here :D), how many 1500+ hour pilots does Ireland have to offer the US carriers accepting E3s?

Forty-seven. It was forty-eight, but Seamus O'Rheordan-McFadden got a job with Netjets.

Amadis of Gaul 25th Mar 2022 12:21


Originally Posted by 5strypes (Post 11204744)
This seems borderline xenophobic. But to answer your passive aggressive question, I'd imagine because there are far greater historical ties between Ireland and the USA. I'd bet a large cohort of senators could trace roots back, just a handful of generations, to Ireland. Including Joe Biden himself. There already exists a fairly extensive trade network between the US and Ireland.

And to answer the previous question, I'd say not as many as Oz. Though with Stobart Air disappearing (albeit replaced by Emerald) and Ryanair with their questionable contracts, I'd wager there would be some takers.

Personally, I love Ireland, just got back from my fourth trip there in three years, in fact, I'm working on buying a house somewhere in Mayo or Galway, but even I find your argument not over and above solid. At any rate, shouldn't it go both ways due to all these "ties"? Can I apply to AerLingus without going through EU work permit process etc? Mind you, I'm easily eligible for the Irish Stamp Zero, but still...

multiman 10th Apr 2022 11:57

I have similar experience in Europe. TRI/TRE with 14000 hours. So as I understand it is required a “special” or “ above average” experience in order to apply NIW program. If you are successful than the airline require you to fly from the right seat (which for you do not need the previous mentioned experience), because you do not have Part 121 experience.
I guess than to apply for a PIC position you should do it according company procedure/pilot union procedure, so end of the waiting list.
Or am I wrong?

bafanguy 10th Apr 2022 13:50


Originally Posted by multiman (Post 11213371)
If you are successful than the airline require you to fly from the right seat...because you do not have Part 121 experience.
I guess than to apply for a PIC position you should do it according company procedure/pilot union procedure, so end of the waiting list.

multiman,

Those are two separate issues.

The airline isn't the entity requiring you to spend 1,000 hours in the RHS in a Part 121 operation. The federal government requires this by regulation. There's nothing an airline can do about that.

As for going to the "end of the waiting list", if you go to an airline with a formal, enforced seniority list then you will start at the bottom and wait for circumstances (over which you largely have no control) to provide you the opportunity to bid for a captain position just like 10s of thousands of us have done for many decades. Sorry, but that's how it's done here. I guess it doesn't suit everyone.

Even if you could find yourself a start up airline hiring DECs for which you'd certainly be qualified, you'd still face the 1,000 hour issue. Sorry...

jrmyl 10th Apr 2022 14:54


Originally Posted by multiman (Post 11213371)
I have similar experience in Europe. TRI/TRE with 14000 hours. So as I understand it is required a “special” or “ above average” experience in order to apply NIW program. If you are successful than the airline require you to fly from the right seat (which for you do not need the previous mentioned experience), because you do not have Part 121 experience.
I guess than to apply for a PIC position you should do it according company procedure/pilot union procedure, so end of the waiting list.
Or am I wrong?

Yes. I am a US Citizen. Started my career in the regionals here. Have well over the 1000 hours 121 experience. Currently have almost 15,000 total time with about 11,000 hours as Turbine PIC. I am currently an F/O because I lost my expat job due to Covid. It sucks, but it is what it is.

multiman 10th Apr 2022 15:28

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.

bafanguy 10th Apr 2022 16:11


Originally Posted by multiman (Post 11213435)
Hi Guys,

Do not take it offensive. I agree with you and I think this is the good way how you are doing.
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.

multiman,

No offense taken. The system here just isn't what many are accustomed to around the world.

You're likely familiar with the impetus for this 1,000 issue so I won't try to explain it. Applying logic to government actions is a futile effort. The 1,000 hour rule has been much debated with a case to be made from both sides but the Imperial Federal Government will always win.

And of course, the first hurdle for a prospective expat is the legal ability to live/work here. I don't pretend to understand that one.


All times are GMT. The time now is 04:18.


Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.