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DOJ 12-5 rule

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Old 8th Dec 2002, 20:21
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Thanks McD !!!!!!!!!!!

For others, I posted a couple of links :

http://www.dsca.osd.mil/samm/policy_...CA%2002-26.pdf
(scroll down about 5 pages)

http://www1.faa.gov/avr/afs/news/arc...2002/Alien.htm
(FAA newsletter thing)

And also Flight Safety have a copy of the relevant text :
http://www.flightsafety.com/
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Old 10th Dec 2002, 09:39
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Johnny 7,

you have got it right. If you do not hold a rating above 12 500 you can not get the initial rating in the US. Initial is still the key word here.
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Old 10th Dec 2002, 09:50
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There is an european TRTO who claims that they can go to the States and dry-lease a flight simulator and use it with their own instructors to provide type rating training for pilots who don' t already hold a 12500 lsb aircraft rating.
Is this possible?
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Old 10th Dec 2002, 12:24
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As I understand it, these 'security' rules apply when training for the issue of an FAA certificate.

If not training for the issue of an FAA certificate then they don't apply (or perhaps don't apply in full?)

If the European school is using the facilities but training their own students for the issue of their own countrie's licence/rating etc then it's OK. They've only hired some equipment that happens to be located in the US.
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Old 10th Dec 2002, 13:37
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HI there AYR,

which school is that? I am on the lookout for a type rating of basically any kind ( as long as it is not extremly over priced) so that I can apply for the one I want.
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Old 10th Dec 2002, 16:28
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Hi Lime Rock,
I sent you a private message,but the type rating I was referring to doesn't come cheap...
Regards
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Old 15th Feb 2003, 19:24
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And............................they are about to ease up on this ruling so that we all can go and get ourselves the ratings we need for our future careers!!!
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Old 16th Feb 2003, 15:07
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It has Definitely gotten into a mess this ruling. The writing of it and the implementation.

I started a thread on this a a few months back.
One gentlemen form Australia went through all the required checks at the time (last November2002). He was to do an F.A.A. A320 Type Rating check in Florida ( his initail FAA Type, but has heavey exp on other ICAO Licences). He did the paperwork through the training company, they followed it on to the DOJ , 45 days passed, he got a letter stating all OK. So he took leave in Oz, and went to Florida. Halfway through his Training, he was told to stop Training, by the DOJ as they needed to check his details AGAIN . They said they needed another 60 DAYS. Well that put him in a pickle, It would me. He tried to reasoon with even through C.A.S.A. in Australia, even the F.A.A. Testing officer tried to reason with them. But to no avail. So he went home no rating and a big waist of money and time. His only partial saviour was the company refunded his course costs. But all other costs he had to bare.
A very sad story and I bet hes NOT ALONE!!!! There must be others out there.


Now where I am at the moment, I work for very prominent Carribean Carrier. The have many Airbus types and they CANT DO any Training in the states either. They now go to Canada. Even for sim evaluation for First Officer Candidates has to be done in Canada.

I talked to some people in the U.S. on chat. They said it wouldnt effect the training market in the U.S. ,as most of the clients are local. I laughed at them, I said Im not sure on the numbers, but I bet its still a considerable slice. From what Midnight Mike is saying, it has made a condsiderable dent in profits and contracts. Id say millions if not billions to come.

Wake up guys, someone needs to petition congress on this.
It is special congressional powers there using right.

Especially when large Carriers are taking their business elsewhere. I bet GECAT in LHR and Hong Kong are doing a fine trade!

Regards
Sheep

p.s. For someone like me who wants to get a self sponsored type. It nearly impossible


ALSO JUST AN EXTRA:
I am an Australian, a foreign national or alien to the UNITED STATES. Hence the reason for the security checks.
I m not complaining about the checks, its just the implementation and organisation which is doing it. They are making considerable errors here.

Oh and by the way:
My country allready has Troops on the ground for another war with IRAQ ( that looks to be not U.N. Approved).
Yes we were there in IRAQ 1991, AGAHNISTAN, EAST TIMOR, SOMALIA,CAMBODIA, SINAI, VEITNAM, KOREA, MALAYA,WW11 (1939-1945)PACIFIC and EUROPEAN Theaters,and WW11(1911-1918) and the Dreaded Boer War as well .
Us Aussies have been everywhere with you guys to (HELL) and back. Give us a break.

Last edited by Sheep Guts; 16th Feb 2003 at 15:22.
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Old 16th Feb 2003, 15:33
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$20 million loss......... Ouch!

DOJ Clears Path For Foreign Pilot Training

U.S. flight schools, banned from training foreign applicants for
nearly 16 months for lack of proper background checks, will be
cleared to resume the training under a rule the Justice Department published yesterday.



In the Aviation and Transportation Security Act passed in November 2001, Congress required that foreign students undergo up to a 45-day background check before training to pilot aircraft weighing 12,500 pounds or more. Acknowledging that such a delay could hamper recurrent training, DOJ last winter provided "advance consent" -- and later expedited clearance procedures -- for pilots with a type rating. DOJ, however, refused to clear pilots seeking their first type rating, saying it needed time to establish the background check procedures.


This refusal led to a de facto ban on certain training, costing U.S.
flight schools millions of dollars in revenues and hobbling airlines
that had hired new pilots with plans to train them. One major flight school attributed $20 million in losses to the delay in procedures.


DOJ's rule came one week after Senate aviation subcommittee Chairman Trent Lott (R-Miss.) agreed to look into DOJ's inaction. General Aviation Manufacturers Association President Ed Bolen had appealed for the Senate's help, calling DOJ's delay an "outrage."


Over the past 16 months, DOT was able to create the Transportation Security Administration, which conducted criminal and financial background checks, fingerprinting and drug testing on 44,000 baggage screeners, Bolen said, adding, "Over that same period of time, the DOJ has not been able to conduct a single background check on an alien seeking initial flight training on an aircraft weighing 12,500 pounds or more. That is inexcusable."


While the rule was published yesterday, the prohibition on flight
training will not take effect until March 17. Under the rule, DOJ
will continue expedited processing of flight school applicants
seeking recurrent training or additional type ratings. Under the
expedited procedures, flight schools will notify DOJ of their plans
to train qualified foreign applicants and can begin training after
receiving DOJ approval. Most other foreign applicants will have to
follow a two-step process -- first complete a lengthy form providing detailed background information for DOJ review and then, if no red flags are raised, undergo fingerprinting for final review.


Sheep Guts, dont feel too bad, i could point you towards a guy who was brought up in the USA, educated in AZ, did his flight training there. Now has around 12 years of flight experience. As a B777 FO, he is permitted to operate THAT aircraft to the USA and has a multiple entry visit visa.........

However, unlike his younger brother, he never claimed US citizenship, so when it came time for him to head off for his Captains rating on an aircraft that will NEVER operate in the USA, he was refused a training visa.

His younger brother is now enjoying life as a Captain.

Life sucks

Mutt.
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Old 16th Feb 2003, 16:40
  #30 (permalink)  
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I would say Mutt your friend will be fine if this goes through, as hes allready Typed and has Boeing time.

But for fellas like me who have an F.A.A. ATP and no initial Type over 12,500lbs. Ill be in an Old age home home before it happens, Im now 35 .

Regards
Sheep
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Old 16th Feb 2003, 16:51
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My two cents worth

Folks, lets hope it gets resolved soon. Here's my abridged story. I held a South African ATP with B737 FO type rating and about 700 hours on B737-200s as well as Beech 1900 type rating with about 600 hours PIC on that machine. Total time is 3300 hours and I hold a masters degree. Before anyone thinks this is a self promotion posting, I am merely stating my qualifications.

I won a green card on the lottery and decided to leave my job on the B737 with a British Airways franchise in South Africa, to come live in the USA. I knew the pilot market was tough, but I was concerned that I may lose my green card because it had been nearly a year since gaining it. I had been offered a position fly a van around Florida and the Bahamas so I at least had a source of income and figured that I would get a job with one of the commuters later.

I did my initial FAA ATP and B737 type rating in Dallas in July 2002 - the background check was over in a matter of days (probably about a week). Irelevant to this thread, but I also did a FSI recurrency course on the caravan in July as well as an ATP flight test on a C172 to get a single engine land rating added to my new ATP. Great, very nice!

I have no problem with US citizens being hired ahead of non-citizens where there is a real glut of qualified US pilots out there. I do however have a problem with being told to my face by certain regional jet commuters that they will not hire me because I am a permanent resident and not a citizen. They tell me that my resume and application have been thrown out because I am not a citizen, but a green card holder. They also use the DOJ 12-5 law as an excuse even after I point out that this law does not apply to me because I am B737 type rated on my FAA ATP. Even after a DOJ operator offers to talk to them they say that it is a grey area? I recently also did some training on a B747-200 sim in Miami and again the DOJ clearance took a few days.

My point is that even after we jump through all the hoops and follow the letter of the law, there is some real blatant discrimination out there! As permanent residents we are here legally, pay tax and make a contribution to this country. If we comply with all their requirements, why should we be denied career advancement and in many cases our livelihood. I thought that this was supposed to be the land of the free and a bastion of justice for ALL?!

Fire away....
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Old 16th Feb 2003, 17:18
  #32 (permalink)  
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TogaButton,
Im sorry to hear your being discriminated against. I suppose that happens, in any country, it happens in the Carib for me. Atleast you have some Ratings now. If the U.S. doesnt work out, there is still the whole world out there. A Boeing for me would be Ticket to the World.

My problem is that the F.A.A. is recognised in more countries the other licences. But my FAA ATP is useless unless I get a Type Rating over 12,500lbs! I wish I was in your shoes. Sounds nuts but its true.

Regards
Sheep

P.S. Was your training self sponsored?
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Old 16th Feb 2003, 19:24
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Question

togabutton,

this happened to me when I applied for Flexjets. Other fractionals do it as well so I was told. I wonder if this is legal what they do. I also understand that companies are preferring US citizens.

Is it legal for a company to turn you down because you're not a US citizen? I know someone in the Labor Department, let's see what I can find out.
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Old 16th Feb 2003, 20:29
  #34 (permalink)  
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Hi...

I'm a newbie to the forum, but am especially interested in this thread. I am British, currently studying for my ATPL at Oxford. Being "slightly" more mature than the average ATPL student I am looking to boost my marketability by unfreezing my ATPL as quickly as possible. There are one or two US based companies which do "First Officer" schemes on anything including 737-800 and A321. I believe at present the training is actually conducted in Europe. However this is more extravagant than my pocket will stretch to.

What I really want (no I'm not a spice girl!) is to get about 500 hours on a twin exec jet of some description... Challenger, Embraer, Bae 146. I'm not really fussed.

One big problem seems to be this 12,500 limitation in the US. I'm still not clear from the posts whether or not the DOJ are allowing foreign nationals like me without a type rating, to train on aircraft over 12,500 lbs MTOW in US airspace or not.

Can anyone privately recommend somewhere that can provide about 500 hours training on a twin exec jet? (not necessarily US based, but preferrably so from the cost POV if the DOJ are now allowing it.)

Many thanks

Andy
 
Old 16th Feb 2003, 22:44
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This is getting interesting, please fasten your seatbelts boys and girls ...

Here are some quotes:

It is illegal to discriminate against you because you are a foreigner. However, in court it is your burden to show you were discriminated against because you are non American, and not for someother reason.

And there may be some exceptions, some jobs where an American is required.. However, I would doubt piloting an airplane is one of them.

On the other hand, it depends on your type of VISA as well. Sometimes the employer must give preference to equally qualified American citizens.

7 7 7 7
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Old 17th Feb 2003, 01:41
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For those that may not know...

If you are a pilot for a certificated carrier and that carrier is providing charter aircraft services to a US government entity (and in some cases, contractors to the US government), US citizenship CAN be required, depending on the circumstances. It has been thus for quite some time...as in nothing new.

This, in some cases, may indeed apply to fractional operators also....so perhaps you can see WHY some operators require US citenship as a new-hire requirement.
Makes crew scheduling much easier.
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Old 17th Feb 2003, 08:13
  #37 (permalink)  
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Awoolford.

Last week the DOJ lifted the ban on initial ratings, meaning that one can go and get your first type rating in an AC above 12 500 lbs.

You can for example check www.aviationnow.com for the story, the government sites are ( I find) always hard to get useful information from.

Best regards,

Lime Rock
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Old 18th Feb 2003, 20:00
  #38 (permalink)  
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Thanks for the info Lime Rock.

I've spoken to a couple of FTOs in Florida who have also confirmed it looks like they will soon be able to train me on aircraft >12,500 lbs.

At the moment, I think they're reading the small print to make sure its going to be legal.

Regards,

Andy Woolford
 
Old 18th Feb 2003, 20:07
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Thumbs up

LR - good luck to you mate!

here's the story:


DOJ Clears Path For Foreign Pilot Training
By Aviation Daily Staff

U.S. flight schools, banned from training foreign applicants for nearly 16 months for lack of proper background checks, will be cleared to resume the training under a rule the Justice Department published yesterday.

In the Aviation and Transportation Security Act passed in November 2001, Congress required that foreign students undergo up to a 45-day background check before training to pilot aircraft weighing 12,500 pounds or more. Acknowledging that such a delay could hamper recurrent training, DOJ last winter provided "advance consent" -- and later expedited clearance procedures -- for pilots with a type rating. DOJ, however, refused to clear pilots seeking their first type rating, saying it needed time to establish the background check procedures.

This refusal led to a de facto ban on certain training, costing U.S. flight schools millions of dollars in revenues and hobbling airlines that had hired new pilots with plans to train them. One major flight school attributed $20 million in losses to the delay in procedures.

DOJ's rule came one week after Senate aviation subcommittee Chairman Trent Lott (R-Miss.) agreed to look into DOJ's inaction. General Aviation Manufacturers Association President Ed Bolen had appealed for the Senate's help, calling DOJ's delay an "outrage."

Over the past 16 months, DOT was able to create the Transportation Security Administration, which conducted criminal and financial background checks, fingerprinting and drug testing on 44,000 baggage screeners, Bolen said, adding, "Over that same period of time, the DOJ has not been able to conduct a single background check on an alien seeking initial flight training on an aircraft weighing 12,500 pounds or more. That is inexcusable."

While the rule was published yesterday, the prohibition on flight training will not take effect until March 17. Under the rule, DOJ will continue expedited processing of flight school applicants seeking recurrent training or additional type ratings. Under the expedited procedures, flight schools will notify DOJ of their plans to train qualified foreign applicants and can begin training after receiving DOJ approval. Most other foreign applicants will have to follow a two-step process -- first complete a lengthy form providing detailed background information for DOJ review and then, if no red flags are raised, undergo fingerprinting for final review.
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Old 19th Feb 2003, 23:54
  #40 (permalink)  
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NEWS FLAsh

Lime Rock the new rule has just been delayed to July. I got an email from a flight school in Florida today advising me of this.




Regards
Sheep
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