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Can Pilots get Green Cards through the National Interest Waiver?
Kyle Huffman • February 22, 2022
Clearing up information about the rumored “NIW program for airline pilots”
Click here to read this article in Portuguese
You may have seen articles and information online describing a path for pilots to secure a green card through the EB-2 National Interest Waiver. In recent months, information about a special program for pilots to be granted national interest waivers has been incredibly prevalent. Our office has received many inquiries from experienced pilots asking if they might be eligible for this program. So, what is the truth when it comes to securing a national interest waiver for an experienced pilot? This article aims to clear up the common misconceptions related to this issue.
To start, it should be noted that we have not seen any substantive indications from the U.S. government that pilots are subject to different standards from other professionals when applying for a national interest waiver. Pilots, just like professionals in a wide variety of career paths, are legally able to petition for a national interest waiver. In fact, a career as a pilot can tend to give an individual a great deal of documentation and accolades that will be very helpful to a national interest waiver application. In order to petition for a national interest waiver as an individual with exceptional ability, there are several factors USCIS will look at. Those factors include:
- The individual’s education
- Whether the individual has at least 10 years of full-time work experience in their field
- If the individual has a license or certification to practice in their profession
- Evidence of earning a high salary
- Evidence of memberships in professional associations
- Evidence of recognition for achievements and significant contributions to the industry
For the experienced pilot, it is very common to have some flight school on their resume, along with more than 10 years of experience as a pilot. Pilots also often maintain FAA licenses, IATA licenses, and ICAO licenses demonstrating their ability to work as a pilot. For a pilot who already fits into the category as an experienced pilot with more than 10 years of experience, it is also common to be paid at a higher rate than other pilots, particularly newer pilots with less experience. Because it is so common for pilots to have a lot of this documentation, many pilots can fit well within the requirements to apply for a national interest waiver.
Despite this, being an experienced pilot alone is not likely to result in a national interest waiver application being approved. The reason for this is because the criteria discussed above are merely a prerequisite to apply for a national interest waiver as an alien of exceptional ability. In order to have that application approved, the individual still needs to meet several other legal requirements. Most relevant here is the requirement that an applicant for a national interest waiver have a proposed endeavor in the United States that is both substantial in merit and nationally important. So, if you are a pilot and you are interested in applying for a green card through a national interest waiver, it is wise to spend time thinking about what your work in the United States would look like.
It could be an uphill battle to convince an immigration officer working at USCIS that employment as a commercial pilot for an existing airline has both substantial merit and national importance, and for that reason alone, the national interest waiver may not be the right application for the average pilot.
This does not mean that pilots can’t get national interest waivers, but it does mean that presenting an application for a national interest waiver with nothing more than the interest in coming to work as a commercial pilot in the United States is unlikely to succeed. To increase the chance of success, it may be advisable to prepare a plan for future employment that does show more substantial contributions to the United States.
For instance, an experienced pilot who would like to start an air travel charter company, creating jobs for other pilots and an entire team of supporting staff, may be more likely to succeed on the national interest waiver application. Similarly, an experienced pilot seeking to start a flight school to teach the next generation of pilots how to operate an aircraft is likely to stand a much better chance of success on the application compared to a pilot who simply wants to continue working as a pilot for already established airlines.
In conclusion, while the national interest waiver very well could be an excellent path for a professional pilot to secure a green card, it is not for everyone. Pilots will still be subject to the additional legal requirements that all national interest waiver applications are subject to, despite articles online often describing pilots as having special preference for national interest waiver classification. It is prudent to carefully consider all aspects of the national interest waiver application before submitting it to the United States Citizenship and Immigration Services.
If you have any questions about what this topic means for you, or if you are wondering whether you still might be eligible for a national interest waiver as an experienced pilot, please schedule a consultation with one of our experienced attorneys.
We look forward to working with you.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Kyle Huffman
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