EB2 NIW Visa

[Stable_Approach]

This visa requires people with extraordinary skills/experience.
Doesn’t matter if you are captain on a 777 with 20,000 hours, if that’s all you are bringing you will not get in.

People I know who have gotten in have their PhD with peer-reviewed research papers, aviation professors at universities, department/operations managers, ACPs. Being a flight instructor at a flight school is not qualifying unless you have extensive training experience at an airline/commercial level (sim, line check, etc). So what you are showcasing is not flying ability but other skills. Management, advanced degree or industry training/research and training and standards.

Funny because once you get into the U.S. it is unlikely you will fill such a role immediately or in the near future if your goal is the airlines. That’s why this visa really is weird and makes no sense for aviation.

[DanWEC]

I went with Harvey and was not successful. 7000 hours, mix of jet and turboprop PIC, wide body experience, instructor, degree, FAA ATP , 10 years of experience. It very much is a crap shoot based on the ones I know that have been denied and the ones I know that have been successful with only FO experience. That being said, you will not get a ban just for getting the I-140 Petition denied. I have not been hit with such a ban.

What's your degree?

I would suggest to anyone applying, you need at least a B.Sc, Hons or above preferable, 10k hrs, and 10 years as a 705 capt to have a comfortable shot, but you can certainly be successful with more or less depending on other factors.
703/705 CP, and/or PE are also good checks to have as well as business credentials or experience.

[Ash Ketchum]

I was also rejected for the EB-2 NIW after getting an RFE. Self petitioner, major airline FO with an engineering bachelor's degree, 10 years flying experience, 4000 hours, FAA ATP, and aviation management diploma.

Currently looking into the E-2 investor visa by getting my wife to purchase a US business. Only issue with that is that it's a non immigrant work visa and not all airlines will hire unless you have the green card.

[itsgrosswhatinet]

That sounds risky. What about getting more experience and reapplying? I mean no disrespect but 4000 hours would barely get you in a Cessna Caravan not that long ago.

[Ash Ketchum]

That sounds risky. What about getting more experience and reapplying? I mean no disrespect but 4000 hours would barely get you in a Cessna Caravan not that long ago.

Yeah maybe I should stop bidding reserve lol. Most of my experience is turbine PIC/SIC but I don't like working too hard.

[cficywg]

Applying for any US Visa is not just a risk of being denied , but once denied
you have effectively registered yourself as having Immigrant intent
and the system then looks as to how to keep you from ever crossing the
border again.
You do not to get to kick the can more than once successfully.
Cross the border after being denied and the system assumes
you have illegal intent.

[Me262]

Applying for any US Visa is not just a risk of being denied , but once denied
you have effectively registered yourself as having Immigrant intent
and the system then looks as to how to keep you from ever crossing the
border again.
You do not to get to kick the can more than once successfully.
Cross the border after being denied and the system assumes
you have illegal intent.

I went with Harvey and was not successful. 7000 hours, mix of jet and turboprop PIC, wide body experience, instructor, degree, FAA ATP , 10 years of experience. It very much is a crap shoot based on the ones I know that have been denied and the ones I know that have been successful with only FO experience. That being said, you will not get a ban just for getting the I-140 Petition denied. I have not been hit with such a ban.

I was also rejected for the EB-2 NIW after getting an RFE. Self petitioner, major airline FO with an engineering bachelor's degree, 10 years flying experience, 4000 hours, FAA ATP, and aviation management diploma.

Currently looking into the E-2 investor visa by getting my wife to purchase a US business. Only issue with that is that it's a non immigrant work visa and not all airlines will hire unless you have the green card.

Heisenberg666 and Ash Ketchum, can you share with us how true or un-true is what cficywg said? Have you had trouble/difficulties driving over the border for day shopping? Flying in for vacation? after you were rejected?

[Ash Ketchum]

Applying for any US Visa is not just a risk of being denied , but once denied
you have effectively registered yourself as having Immigrant intent
and the system then looks as to how to keep you from ever crossing the
border again.
You do not to get to kick the can more than once successfully.
Cross the border after being denied and the system assumes
you have illegal intent.

I went with Harvey and was not successful. 7000 hours, mix of jet and turboprop PIC, wide body experience, instructor, degree, FAA ATP , 10 years of experience. It very much is a crap shoot based on the ones I know that have been denied and the ones I know that have been successful with only FO experience. That being said, you will not get a ban just for getting the I-140 Petition denied. I have not been hit with such a ban.

I was also rejected for the EB-2 NIW after getting an RFE. Self petitioner, major airline FO with an engineering bachelor's degree, 10 years flying experience, 4000 hours, FAA ATP, and aviation management diploma.

Currently looking into the E-2 investor visa by getting my wife to purchase a US business. Only issue with that is that it's a non immigrant work visa and not all airlines will hire unless you have the green card.

Heisenberg666 and Ash Ketchum, can you share with us how true or un-true is what cficywg said? Have you had trouble/difficulties driving over the border for day shopping? Flying in for vacation? after you were rejected?

Did not affect me whatsoever. I travel to the US for work a few times a week and no issues or mention of my application.

[Cessna 180]

Never heard of someone having issues entering as a visitor or flight crew after an I-140 rejection. An I-140 isn't a visa application.

I have an in progress I-130 (family based) for a few years and no issues since. I asked a customs agent once if she could see it, she said yes, but you selected consular processing (outside USA) so it's not even the slightest concern.

[Heisenberg666]

It’s bullocks. I haven’t had issues entering the US after being denied the I-140.

Applying for any US Visa is not just a risk of being denied , but once denied
you have effectively registered yourself as having Immigrant intent
and the system then looks as to how to keep you from ever crossing the
border again.
You do not to get to kick the can more than once successfully.
Cross the border after being denied and the system assumes
you have illegal intent.

I went with Harvey and was not successful. 7000 hours, mix of jet and turboprop PIC, wide body experience, instructor, degree, FAA ATP , 10 years of experience. It very much is a crap shoot based on the ones I know that have been denied and the ones I know that have been successful with only FO experience. That being said, you will not get a ban just for getting the I-140 Petition denied. I have not been hit with such a ban.

I was also rejected for the EB-2 NIW after getting an RFE. Self petitioner, major airline FO with an engineering bachelor's degree, 10 years flying experience, 4000 hours, FAA ATP, and aviation management diploma.

Currently looking into the E-2 investor visa by getting my wife to purchase a US business. Only issue with that is that it's a non immigrant work visa and not all airlines will hire unless you have the green card.

Heisenberg666 and Ash Ketchum, can you share with us how true or un-true is what cficywg said? Have you had trouble/difficulties driving over the border for day shopping? Flying in for vacation? after you were rejected?

[Abdul70]

Hello Pilot 787, good morning. Can you please message me at my whatsapp +16477069203. Thanks in advance, please

I recently contacted Harvey Law as I’m also interested in the EB-2C NIW and they did a preliminary assessment of my qualifications. I have just over 5000 TT and 3000 MPIC, Aviation Diploma and 10.5 years professional pilot experience. I’m just a regular jet FO, nothing “special” under my belt either. Their response was that I’m a candidate of “exceptional ability” and have a good chance of getting approved. Here’s their definition:

Exceptional Ability is proven by showing three (3) of the following:

Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters documenting at least 10 years of full-time experience in your occupation
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable

Now to come up with the money is another thing. $12,500 USD…

PAYMENT AMOUNTS HLG Professional Fees: Government Fees:
Disbursements:
USD 12,500
USD 700 (I-140 Filing Fee)
USD 345 per person (DS-260 Immigrant Visa) USD 500

PAYMENT SCHEDULE

1st Stage – Within 7 days after signing the Mandate:
USD 9,375 USD 700 USD 500
HLG Initial Professional Fees
I-140 Filing Fees
Admin Disbursements (Charged at cost – Unused disbursements credited to final bill)

2nd Stage – Upon petition approval:
USD 3,125 HLG Balance of Professional Fees (less any unused disbursements) USD 345 per person (DS-260 Immigrant Visa)

I did apply on my own for EB-2 NIW and got approved. Did not use any lawyers, everything was done on my own. Waiting for the interview in 2 weeks. You can always try without any lawyers. They don't guarantee 100% the visa approval.