Visa requirement for CFII training and checkride

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sballmer

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Stefan
A friend currently holds an FAA CFI certificate, and would like to get his double-I (instrument rating on the instructor certificate). However, he lives abroad, and currently doesn't have a visa. (The 5-year visa he did all his training with has expired).

Question: can he do his CFII training and checkride in the US, entering on a regular visa-waiver program?

After browsing through TSA regulation, clarifications, and re-clarifications for about an hour, I think he answer is:

Short version: yes.
Long version: Since the CFII is not considered initial training by the TSA, it falls under category 4 of 49 CFR 1552.3, and no special visa is required. However the TSA has to be notified At least 48h ahead of the training.

But since all those regulations only prohibit stuff, and never explicitly state that something is legal, I want to make sure I didn't miss anything.

So: is my answer correct? Did I miss something?
 
First, you're correct that the II doesn't need TSA clearance under the Alien Flight Student Program. Only initial, instrument, multi and type ratings are covered by that.

In terms of visa, I'm not entirely sure. You'd need to check with the State department to see if there are restrictions on the Visa Waiver Program that would prohibit such training. Unless you're a Part 141 School, it's unlikely you could sponsor a F-1 student visa for the student, so that would be out.
 
JeffDG said:
In terms of visa, I'm not entirely sure. You'd need to check with the State department to see if there are restrictions on the Visa Waiver Program that would prohibit such training. Unless you're a Part 141 School, it's unlikely you could sponsor a F-1 student visa for the student, so that would be out.
Click to expand...

As far as I can tell the required visa for flight training is a hot potato that neither the state deportment nor the DHS wants to be responsible for...

Is there a web page somewhere that could shine some light on what's actually required in practise?
 
Really, there's no "flight training" visa at all. There are several, depending on who you ask, will apply. (The info below is not legal advice in any way...I'm an immigrant who has navigated the system for years, so I know where to look...links are to official US Government Sources, and if interested, visit them to read the material in full context)


The simplest to obtain would be a B-1/B-2 visa. B-1s are for "business travel" and are traditionally what those requiring a visa obtain to attend meetings or conferences in the US.

One of the permitted purposes for a B-1 is:
"attend a scientific, educational, professional, or business convention or conference"

There's a similar provision in the B-2 (Leisure Travel....tourist) visa that permits:
"enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)."

Normally, a CFII would not lead to a degree, so it could well fall under the B-2 provisions.

One that will certainly work would be an F-1 (Student) visa. However, in order to obtain an F-1, you must be enrolled in a recognized educational institution. Part 141 Schools often register with the State department as schools for this purpose.

Most employment visas (like H-1B or L-1) permit incidental training and education to be conducted while working in the US. I obtained my PP while in the US in L-1 status for example.

The big questions is: Can you do such training while travelling under the Visa Waiver Program. VWP permits nationals of many nations (most of Europe for example) to travel to the US for short trips (90 days or less). The list of activities permitted of VWP travellers looks almost exacly the same as the B-1/B-2 list, including those that I think could cover flight training above.
 
The VWP uses pretty much the same verbiage as the B1/B2 regarding 'short term training' and should be ok.
I would still obtain a B1/B2, and the reason is as follows:
With participation in VWP, you give up certain rights at the port of entry. If the officer believes that you dont qualify for VWP, he can send you back without you having any recourse. With a approved B1/B2, the state department has already decided that you have a legal reason to travel to the US, the scope of reasons the CBP officer can turn you away for is much narrower. Also, if he wants to turn you away, you can insist on 'secondary inspection', that is you are provisionally admitted to the country and get an appointment at the local USCIS office to plead your case and provide additional documentation to an admin judge.

Now, the consulates and embassies have instruction not to issue B1/B2 visas to people who could use the VWP for their stated reason of travel. So obtaining a B1/B2 if you are a citizen or resident of a VWP country can require some arguing. The best argument imho is that you intend to add a short trip to the caribbean, the Bahamas or Mexico (which requires a visa for re-entry).

After 9-11, for a while it was only lawful to conduct any flight-training on a B1/B2, VWP or student visa if one stated the intent to receive flight training either at the time one applied for the visa, or at the port of entry. I have never heard whether this requirement was rescinded. The safest way to proceed on this is to be up-front about it. What you intend to do is allowable under the B1/B2. So I would apply for a visa and state in the application that one of the things you are planning to do in the US is flight training. Make certain that for your consular interview you have the documentation from the TSA program at hand that shows that their pre-clearance doesn't apply to your course of study. By doing it this way, the state dept. has approved and there is never a question that you entered under 'false pretenses'.
Now, you can of course do what 99% of flight students do: call it 'vacation', enter on VWP or B2 and never bring up the issue to avoid questions.

Yadayada, not legal advice, just for general information based on my own experience.
 
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