US airlines are the highest paid airline pilot employment industry in the World, in 2024 sporting left-seat salaries exceeding $590 USD per flight hour. US airline captains routinely make over half a million dollars per year, plus profit-sharing bonuses. But can a foreign pilot with a good level of experience navigate a complex system of US immigration and get a permanent work permit in the US? We have a few suggestions – read on! In recent years, the EB-2 National Interest Waiver (NIW) visa has gained substantial popularity among foreign pilots seeking to build their careers in the United States. The unique advantages of the EB-2 NIW visa, coupled with the increasing demand for skilled pilots, have made it an attractive option for many aviation professionals worldwide. Foreign pilots with an EB-2 NIW visa have the opportunity to significantly increase their earnings in the U.S. aviation industry. By leveraging their specialized skills and experience, they can command higher salaries, access diverse employment opportunities, and negotiate favorable contract terms. Additionally, the flexibility to work for different employers or start their own aviation-related businesses further enhances their earning potential.
How much do US pilots make in 2024?
Airline pilots in the US can make higher salaries than their counterparts in Emirates, Qatar, Etihad, Cathay, Singapore, and so on. Just as an example, a current contract pay-rates tentative agreement (TA) finalized by United Airlines, boasts the following hourly rates for each pilot, depending on his/her position, aircraft and years of service:
(information valid for November 14, 2023)
From the tables above, you can summarize, that when second year First Officer flying a B737 for United Airlines gets an average line of 88 hours, he would het paid $167.57 USD x 88 = $14,746.16 USD per month. An FO in United can currently upgrade to a Captain after just 1-2 years of service. This means that the same First Officer, after an upgrade, on year 3 (starts immediately after serving for 2 years) will be paid $315.65 per flight hour, for 88 hours = $27,777.20 USD per month. Needless to say that more senior pilots flying wide-body aircraft, like B787, may elect to fly up to 100 hours per month, thus crediting over 130 hours, and earn a whopping $56,835.00 USD each month, for a total of $682,000 USD per year!
Same approximate pay-rates apply to most other major US airlines, such as Delta, American, Southwest, JetBlue, Spirit, etc.
What is the EB-2 NIW visa?
The EB-2 NIW visa is an employment-based visa that allows pilots with advanced degrees or “contributions to the aviation industry” to obtain permanent residency without the need for a preliminary job offer or labor certification. This is particularly advantageous for foreign pilots who possess specialized skills and experience that are critical to the national interest of the United States. The increased popularity of EB-2 (NIW) among the pilots can be attributed to several factors:
- Demand for Skilled Pilots: The U.S. aviation industry faces a significant shortage of qualified pilots. This shortage has been exacerbated by an aging workforce and the rapid expansion of airlines. As a result, the industry is in dire need of skilled pilots, making the EB-2 NIW visa a valuable pathway for foreign aviators.
- National Interest: The ability to demonstrate that their work is in the national interest of the U.S. makes it easier for foreign pilots to qualify for the EB-2 NIW visa. Their contributions to the aviation sector, including enhancing safety standards and supporting economic growth through tourism and trade, are compelling arguments in favor of their applications.
While precise statistics on the number of EB-2 NIW visas granted specifically to pilots are not readily available, the 2023 data from the U.S. Citizenship and Immigration Services (USCIS) indicates that thousands of EB-2 NIW petitions are approved each year across various professions, with no specific limitations for the maximum annually approved applications. The flexibility and benefits of this visa category have contributed to its growing popularity among highly skilled professionals, including pilots. The EB-2 NIW visa has become a popular and strategic choice for foreign pilots aiming to advance their careers in the United States. Its benefits, including the absence of a job offer requirement, the elimination of labor certification, and the pathway to permanent residency, make it an attractive option compared to other visas like the H-1B. As the demand for skilled pilots continues to grow, the EB-2 NIW visa will likely remain a favored route for foreign aviators seeking to capitalize on lucrative opportunities in the U.S. aviation industry.
Visa application eligibility criteria
Unlike the EB-1 visa application for the newly-graduated foreign pilots in the United States, the EB-2 NIW visa option is generally dedicated to the experienced foreign pilots who can show significant level of flight time and work history, as well as his/her body of work contributing to the aviation industry in general. To qualify for the EB-2 NIW visa in the U.S. airlines industry, applicants must meet certain criteria. They must possess an advanced degree and/or demonstrate exceptional abilities in their field. In the context of the airlines sector, this could include individuals with specialized skills in aviation, aerospace engineering, or related fields. Additionally, applicants must showcase how their work directly benefits the national interest of the United States.
Documenting “Exceptional Abilities”
Applicants must provide evidence of their exceptional abilities through documentation such as academic achievements, professional recognition, and a substantial record of accomplishments in the airline industry. This could include published articles, awards, patents, or other forms of recognition that highlight the applicant’s significant contributions. For example, an experienced pilot with over 5,000 flight hours and a good track record (no accidents, no violations) who has made significant contributions to the aviation industry through publications, books, or training manuals may be eligible. Pilots who fly full-time schedules and also teach aviation science at local colleges or universities are prime candidates for the EB-2 NIW. Additionally, pilots with over 5,000 flight hours who have worked for prominent airlines such as Cathay Pacific or Emirates and have participated in management work, pilot recruitment, or mentorship of new pilots would also be strong candidates. Foreign airline pilots who serve as check airmen (evaluating other pilots’ standards), IOE (initial operating experience) instructors, Captain Upgrade instructors, or are involved in new pilot induction simulator training have a much better chance of securing EB-2 NIW approval compared to regular line pilots. Another crucial aspect of the EB-2 NIW visa application is establishing that the applicant’s work is in the national interest of the United States. In the context of the U.S. airlines industry, this may involve demonstrating how the applicant’s skills and expertise contribute to the growth, innovation, or security of the sector. Letters of recommendation from industry experts and authorities can strengthen the case. For example, an applicant may want to compile ten letters of recommendation from the experts: current or former airline pilots in the US, aviation immigration lawyers, magazine editors, etc. (Aerocadet and our consultants – all of whom are airline pilots – would be happy to add 2-3 letters of recommendation to the foreign pilots who do their license conversion to the FAA format with us).
Starting the EB-2 NIW application process
The application process for the EB-2 NIW visa involves filing a Form I-140, Immigrant Petition for Alien Worker. This form should be accompanied by supporting documentation, including FAA ATPL pilot licenses, educational certificates, letters of recommendation, and evidence of exceptional abilities and national interest. Once the petition is approved, applicants can proceed with the adjustment of status or consular processing to obtain permanent residency. Normally, pilots hire professional immigration attorney in the United States to navigate the application process and optimize the approval rates.
Converting your ICAO ATPL license to FAA ATPL
Naturally, before you are able to apply for employment in the United States, you need to convert your ICAO ATPL to the FAA ATPL. Having a current and valid FAA ATPL is a requirement during the document submission process, because without it you will not be eligible to fly an N-registered aircraft in the United States. The ICAO ATPL to FAA ATPL conversion process is fairly easy, especially for the experienced pilots, and involved one ATP CTP course, one written FAA ATPL exam, two check-ride prep sessions in a class-D sim, and one practical check-ride exam. Aerocadet will be happy to help you to navigate this process! Read about the conversion options here >>> Review our full ICAO ATPL to FAA ATPL conversion course here >>>
Comparison of EB-2 NIW vs. H-1B and other visas
A lot of our customers are asking to outline the difference between requirements of EB-2 NIW vs H1B. Here is a short outline:
- No Job Offer Required:
- EB-2 NIW: Pilots do not need a job offer or employer sponsorship, providing greater freedom to explore various employment opportunities.
- H-1B: Requires a job offer and employer sponsorship, limiting flexibility.
- No Labor Certification:
- EB-2 NIW: Bypasses the labor certification process, which can be lengthy and complex.
- Other Employment-Based Visas: Typically require labor certification, adding time and complexity to the process.
- Permanent Residency:
- EB-2 NIW: Leads to permanent residency (Green Card), offering long-term stability.
- H-1B: Temporary work visa, requiring renewal and eventual transition to a Green Card.
- Higher Earning Potential:
- EB-2 NIW: Pilots can negotiate higher salaries and better employment terms without being tied to a specific employer.
- H-1B and Other Visas: Salary and terms often tied to the sponsoring employer’s policies.
Selecting a Law Firm specializing in EB-2 NIW
Selecting the best EB-2 NIW law firm is subjective and depends heavily on individual needs and preferences. However, here is a list of some highly-rated and well-respected firms specializing in EB-2 NIW applications for airline pilots, with links to their websites and factors for your consideration: Firms with a strong focus on pilots and aviation knowledge:
- Leon Law Immigration (FL): Founded by a Harvard-educated attorney and former airline pilot, they boast comprehensive understanding of pilot career paths and challenges. Their “EB2 NIW for Pilots” page showcases specific pilot success stories. (Website: https://ebvisas.com/eb2-niw-for-pilots/)
- Wegreened (CA): They feature testimonials from numerous successful pilot NIW cases, highlighting their experience in this niche. Their “NIW Attorneys – EB2 National Interest Waiver Lawyers” page offers case results and attorney profiles. (Website: https://www.wegreened.com/)
- Green Card Link (WA): Emphasizes expertise in NIW categories and offers a free initial consultation. Their “EB2 NIW Lawyers, Green Card Lawyer in Ca” page details their approach and success rates. (Website:https://www.greencardlink.com/)
Firms with broader NIW expertise and strong online presence:
- Jeelani Law Firm (MN): Founder Hashim Jeelani has achieved notable success in complex immigration cases,including NIW for pilots. Their website showcases client testimonials and case results. (Website:https://www.jeelani-law.com/)
- North America Immigration Law Group (CA): They are known for their meticulous case preparation and focus on client communication. Their “NIW Attorneys – EB2 National Interest Waiver Lawyers” page outlines their approach and testimonials. (Website: https://www.wegreened.com/Clients-NIW-National-Interest-Waiver-EB1-Attorney-Lawyer)
- Chen Immigration Law Group (CA): Recognized for their personalized approach and success rates. Their website features client reviews and success stories, including pilots. (Website: https://www.wegreened.com/)
Additional factors to consider when searching for the lawyer:
- Location: Do you prefer working with a local firm or are you comfortable with remote collaboration?
- Fees: Compare pricing structures and payment options to find a firm that aligns with your budget.
- Attorney experience: Research the individual attorneys you would be working with, their specific NIW and pilot visa experience, and their success rates.
- Client reviews and testimonials: Look for independent reviews and testimonials from past clients to gain insights into their experience with the firm.
Please remember: securing employment in the U.S. airlines industry through the EB-2 NIW visa requires a meticulous and comprehensive approach. By meeting the eligibility criteria, documenting exceptional abilities, and demonstrating national interest, individuals can navigate the complex immigration process and contribute their skills to this vital sector. As the skies continue to connect nations, the EB-2 NIW visa opens doors for talented professionals to soar to new heights in the U.S. airlines industry. Choosing the right law firm is crucial for your NIW application success. We encourage you to research these firms further, reach out for consultations, and compare offerings before making your final decision.
Navigating the US Pilot Union System
In the dynamic world of aviation, pilot unions in the United States and Canada serve as stalwart guardians, fiercely defending aviators’ rights, reinforcing safety standards, and promoting equitable working conditions. While the US and Canadian unions serve pilots by protecting their employment and salaries, they also create barriers for direct US and Canadian employment market entry for the foreign pilots. Read this article for more details about the US pilot unions >>
Additional EB-2 NIW video resources for airline pilot
We recommend that you review the following videos provided by the reputable law firms and immigration attorneys explaining how to qualify for the EB-2 NIW, and what strategies to use in order to succeed. ____________ About the Author: Russ Sherwood is an airline captain and a line check pilot at a major US airline flying the A320/321 fleet. He has logged over 9000 flight hours and holds airline, commercial and flight instructor pilot licenses issued by the FAA (US), CAAC (China) and DGCA (Indonesia). Russ is also a lead aviation career development consultant for Aerocadet. Legal Disclaimer
Aerocadet is not an immigration specialist and an advise given in this email represents our opinion. Please exercise utmost diligence when deciding on your EB-2 NIW application options and selecting a law firm. Always consult with a properly qualified immigration attorney before making a final decision.