Foreign pilots now allowed to apply for a Green Card?

Joined: Jan 2006
Posts: 216
Likes: 2
From: USA
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..
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..
Hoping for someone to sponsor him will only allow him that one shot at the sponsoring carrier.

Joined: Sep 2019
Posts: 987
Likes: 197
From: Mexico City
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???
I don't know what other visa a pilot would qualify for maybe H1B???

Joined: Mar 2003
Posts: 1,053
Likes: 6
From: Here
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.
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.

Joined: Sep 2019
Posts: 987
Likes: 197
From: Mexico City
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.
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.
Joined: Feb 2022
Posts: 1
Likes: 0
From: China
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
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

Joined: Jan 2010
Posts: 250
Likes: 14
From: UK
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 $$$$$$$ to find out.
So……
My partner works for a US based company and has an option to go and work in the US if she wanted. We have considered it. They would sort that out for her.
Would that make a difference if we moved to US and I applied once in the US?
I have EASA ATPL licence 3k hours and a Masters degree that is aviation related.
As I understand it I could possibly get a visa but still a slim chance and will cost $$$$$$$ 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?

Joined: Feb 2004
Aviation Qualifications: ATPL
Posts: 3,689
Likes: 118
From: USA
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
Joined: Dec 2007
Posts: 60
Likes: 1
From: North America
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.
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.
Joined: Dec 2007
Posts: 60
Likes: 1
From: North America
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.
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.
Joined: Oct 2021
Posts: 5
Likes: 0
From: Toronto
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!!!

Joined: Feb 2006
Posts: 13
Likes: 0
From: Port Elizabeth
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.
Joined: Aug 2021
Posts: 2
Likes: 0
From: Bangkok
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.
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.

Joined: Feb 2004
Aviation Qualifications: ATPL
Posts: 3,689
Likes: 118
From: USA
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 ?
Joined: Jul 2007
Posts: 296
Likes: 0
From: Perpetually Commuting
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.
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.
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 March 2022 at 21:48.
The Bumblebee
Joined: Jul 1999
Posts: 333
Likes: 1
From: Inside the shiny tube.
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.
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.
I know not the answer you want to hear but that's how FAA and airlines in the USA interprets it.



