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-   -   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 10th Apr 2022 20:02


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. 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.

No offense taken either. The shortage of pilots is not in the captain spots. There are plenty of f/o's that are able and willing to upgrade. The shortage is in the applicants to the regional airline jobs. The majors have plenty of applicants to choose from.

bafanguy 10th Apr 2022 21:47


Originally Posted by jrmyl (Post 11213519)
The shortage of pilots is not in the captain spots. There are plenty of f/o's that are able and willing to upgrade. The shortage is in the applicants to the regional airline jobs.

jrmyl,

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.

multiman 11th Apr 2022 05:19

Thanks. It is clear now!

zepekinio 30th Apr 2022 11:02

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.


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 interest

wing-man 1st May 2022 08:59

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!?

stewartvwyk 3rd May 2022 04:33

wing-man Im trying to send you a DM but your mailbox is full.

Publiuss 3rd May 2022 18:25

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.

-----------------------------------------------------------------------------

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.

Climb150 3rd May 2022 19:29

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.

wing-man 4th May 2022 08:56

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

HKG_Refugee 5th May 2022 00:21

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

mattpilot 15th May 2022 09:15

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)?

Johnthemidjit 4th Jun 2022 08:23

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

Lyonn 16th Jun 2022 01:06

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…

bafanguy 16th Jun 2022 07:33


Originally Posted by Lyonn (Post 11246787)
Lots of experienced airline pilots being approved recently on EB2 NIW, some not even hiring a law firm, but self petition at local consulate…

Are these people coming from any country in particular ?

Lyonn 16th Jun 2022 11:32

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.

bafanguy 16th Jun 2022 21:12


Originally Posted by Lyonn (Post 11247009)
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.

Lyonn,

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 ?

Lyonn 17th Jun 2022 01:10

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.

bafanguy 17th Jun 2022 12:22


Originally Posted by Lyonn (Post 11247340)
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 see. There's been some debate about how successful people have been in getting an EB2-NIW visa. That stuff is pretty far above my head so I don't know what's going on.

I would think that Part 121 ops would be the likely place for people to look.

1201alarm 17th Jun 2022 14:52


Originally Posted by Lyonn (Post 11247340)
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.

What are operators according part 135? I know it is not typical airlining.

Can you provide some names to have an idea of the type of flying or the aircraft and routes flown?

MarkerInbound 17th Jun 2022 19:18

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.

1201alarm 17th Jun 2022 22:40


Originally Posted by MarkerInbound (Post 11247853)
So if it is a charter operation but not 121 Supplemental it would also be a 135 operation.

Thanks for the clarification.

What does charter mean?

In Europe charter means a flight that is bought as a whole by a travel company which then sells the seats, often together with an accomodation as a package.

Is that it? Or does charter merely mean the flight is flying according to an individual customers need?

dcloudtail 2nd Jul 2022 06:27

Hi
 

Originally Posted by Ana_stasiia (Post 11196303)
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!!!

Hi Ana_stasiia, its great to know that your NIW petition is working, could you please share your email id on [email protected], i would like to know more about as i have similar experience in aviation. Will highly appreciate.
Thank You

MarkerInbound 5th Jul 2022 02:33

Charter is a bit broader term in the FAA world. It can include an “indirect air carrier” where a company contracts an air carrier to provide services that the company advertises to the public as in Europe. It also could be when someone hires a Lear jet to take them to Las Vegas for dinner. Basically the departure point, departure time and destination are determined by the customer and not the air carrier.

Calibranr 13th Jul 2022 01:52

Good day all, trying to find a solid Law Firm to petition my EB2-NIW. Would anyone indicate a trustworthy Law Firm for that matter?

I'm a Military Pilot with around 3,000 hours of flight time, from single-engines to multi-engine turboprops (TRI/TRE/CFI/SFI/SFE).

I have a college degree from the Air Force (2004) and an MBA in Strategic Planning and Management, at the moment I am enrolled in a Master's in Aerospace Sciences. In addition to higher education, I took several courses with solid knowledge in the area of Flight Safety and Air Accident Investigation, last eight years working as an Investigator in Charge (IIC).

I would like to verify my possible eligibility for EB2-NIW or another strategy that may provide me with the right to live and work in the United States.

Thanks in advance.

glideslopealive 18th Jul 2022 11:34


Originally Posted by Ana_stasiia (Post 11196303)
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!!!

Hello Ana. I sent you a PM. Please check your inbox

darn 3rd Aug 2022 13:53

What's the deal here with license conversion? I have a UK ATPL and believe I meet all the necessary criteria for the visa, but presumably I'd have to convert to the FAA equivalent after (and if) the visa is granted?

bafanguy 3rd Aug 2022 21:36

darn,

I'm not sure what you're asking. You're applying for a visa to live/work in the USA (as a pilot trying to work for a US carrier) and asking if you'll have to get an FAA license to do that after getting the visa ?

I'm missing something here. What is it ?

Sunrig 4th Aug 2022 12:33


Originally Posted by darn (Post 11272394)
What's the deal here with license conversion? I have a UK ATPL and believe I meet all the necessary criteria for the visa, but presumably I'd have to convert to the FAA equivalent after (and if) the visa is granted?

If you want to fly in the US you will need an FAA license. So you will have to convert your UK one before you can apply to any company. So far no company does the process for you or covers the cost.
You can absolutely do it after you receive your visa but it will take an extra 3 months before you can get a job. Additionally, it might help with the visa application if you already have an FAA license. It’s a gamble to spend all this money for the conversion and then maybe not get the visa approved.

fronzee 19th Oct 2022 13:46

Are there any success stories here, who actually got visa and went?

A321drvr 20th Oct 2022 03:12

I personally know 2 guys. Both EU nationals. One is with an ACMI operator and another one is with an LCC. Both took the EB2-NIW way through a lawfirm. Took them over a year.

FourStripes 20th Oct 2022 03:17

A321drvr,

Which law firm? how much did it cost them?
Are they here on PPRUNE by any chance?

I'm waiting for my interview in the embassy. And I have a few questions for them if possible.


A321drvr 20th Oct 2022 03:31

The only thing they've shared with me that it cost them a penny as well as non disclosures had to be signed. The paperwork needed was pretty extensive nevertheless. Can't provide any more details I'm afraid.

Edit: both had CJO-s and FAA ATP-s beforehand already.

fronzee 20th Oct 2022 17:42

what is CJO?

bafanguy 20th Oct 2022 19:27

fronzee,

A CJO is a Conditional Job Offer. A person interviews, passes and is offered a job pending things like background checks, drug testing, etc. If all the background checks go well, the CJO holder is given a class date. Or to be correct, the applicant may be placed in a holding pool awaiting a class date...it depends.

fronzee 21st Oct 2022 13:48

Thanks.

Anyone without FAA ATPs and CJOs beforehand got VISA?

airbus4lyfe 12th Dec 2022 15:58


Originally Posted by fronzee (Post 11317382)
Thanks.

Anyone without FAA ATPs and CJOs beforehand got VISA?

US ATP is very easy to get and alot of companies offer a full course that will take about 2 weeks. I would look at getting in touch with some of the companies in the US. I used ASI for a A330 fast track type rated course. Send me a PM if you would like more information.

fisher22 19th Dec 2022 03:22

Any success stories lately? I'm about to apply for an EB2 NIW visa, I have 7,000 hours, and an FAA CPL. I was thinking about getting an FAA ATP but the cost of the whole thing just to see if MAYBE you'll get a green card is just too risky for me. So I'll go ahead and apply with a CPL only.

LTCTerry 19th Dec 2022 16:47


Originally Posted by itwillbefuntheysaid (Post 11150405)
Hi Guys, I am looking at the option of doing my FAA CPL with IR rating. I already have quite a bit of jet hours experience but unfortunately I am from the MPL route and hence have to get some single engine PIC hours done. I am neither an US citizen nor a green card holder. If I manage to get a FAA CPL & maybe the ATPL, what are my job prospects? Thanks

This is from a year ago, and no one responded.

1) Your chance of getting a job w/o your own right to work in the US is pretty much zero.
2) You don't have to do single engine first to do multiengine Commercial. I'd think you can use FAR 61.75 to get a Private w/ ME rating. The just do the requirements for FAR 61.129 in the twin.

How did this turn out for you?

bafanguy 19th Dec 2022 16:59

LTCTerry,

Will a license issued under MPL criteria meet the requirement of FAR 61.75(a) ? I'm not much of an av lawyer.

airbus4lyfe 20th Dec 2022 01:06

Just got my E3 and started working in America, best decision I made for flying. I would have a read of of this article for any E3 information.


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