For skilled pilots, a job opportunity in the U.S. is exciting, but it’s not the only thing that matters. Long-term planning goes beyond a salary or flight schedules. It’s about ensuring your spouse can work, your children can study and grow, and your family’s legal status remains secure regardless of employment changes.
That’s where the EB-2 National Interest Waiver (NIW) stands apart.
THE LIMITATIONS OF MOST U.S. WORK VISAS FOR FAMILIES
Pilots often begin their U.S. immigration journey by exploring non-immigrant visa options such as the O-1 (Individuals with Extraordinary Ability) or the L-1 (Intra-Company Transferee). These may allow pilots to work in the U.S., but they come with significant drawbacks for dependent family members:
- Temporary Status Only: These are non-immigrant visas, which do not lead directly to permanent residency. Without a clear path to a green card, families may face long-term uncertainty regarding legal status and future planning.
- Spousal Work Restrictions: Many visa categories restrict employment for spouses. For example, dependents of O-1 recipients cannot apply for work authorization at all.
- Employment-Dependent Status: Even where spousal work is permitted — such as with L-2 dependents — the entire family’s status is tied to the pilot’s job. A career change or layoff could jeopardize their stay in the U.S.
For pilots with long-term goals, these restrictions present a major concern.
A BETTER ALTERNATIVE: THE EB-2 NATIONAL INTEREST WAIVER
The EB-2 NIW is a U.S. immigrant visa category that offers qualified professionals, including pilots, a path to permanent residency without requiring employer sponsorship or a job offer.
Approved applicants receive 10-year permanent resident status (green card) for themselves, their spouse, and their unmarried children under 21. After five years of residence, they may be eligible to apply for U.S. citizenship.
For pilots, this means:
- Long-term stability through 10-year U.S. green cards
- Freedom to change employers or sectors without risking legal status
- Work and life flexibility not typically available with temporary visas
For families, the benefits are equally significant:
- Dependents (once of legal working age) can work in any profession without needing separate authorization.
- Dependents can attend public schools and may qualify for in-state university tuition
- The family’s legal status is independent of any one job
- All may apply for U.S. citizenship after five years of permanent residence
This structure makes the EB-2 NIW one of the few truly family-friendly immigration options available to pilots today.
WHO COUNTS AS A DEPENDENT UNDER EB2 NIW?
A legal spouse and unmarried children under 21 years old at the time of green card issuance are considered dependents under the EB-2 NIW program. Common-law partners are not eligible.
What if my child turns 21 during the process? The child’s age is “frozen” while the I-140 petition is pending. If the child’s adjusted age (based on processing time) is still under 21 when the immigrant visa becomes available, they can be included. Please contact us for additional considerations specific to your case.
WHY PILOTS ARE A STRONG FIT FOR THE PROGRAM
Experienced pilots may be well-suited for the EB-2 National Interest Waiver, as their careers naturally align with the program’s core eligibility criteria. To qualify, pilot applicants are generally expected to meet at least three of the following criteria:
- Academic credentials, such as a diploma, degree, or certificate from a recognized aviation or technical institution
- At least 10 years of full-time flying experience
- A valid pilot’s license or certification
- Professional earnings appropriate to their skill and experience level
- Membership in relevant pilot or aviation associations
- Endorsements or recognition from employers, peers, government authorities, or professional bodies
- Additional responsibilities, such as training other pilots, supervisory roles, or specialized duties that demonstrate expertise
This applies to a wide range of professionals: from commercial airline pilots to military pilots to helicopter pilots supporting critical infrastructure, emergency services, and logistics across the country. With the right evidence and preparation, skilled pilots can build a strong case for permanent residency through this category.
More details can be found in our related article: EB-2 NIW Visa for Pilots.
HOW HLG CAN ASSIST EXPERIENCED PILOTS
At Harvey Law Group, we understand that many pilots aren’t just making a career move. They are planning for their family’s future. The EB-2 NIW offers a combination of freedom, flexibility, and long-term security, making it one of the most family-friendly immigration options available.
We have successfully represented over 200 aviation professionals through the EB-2 NIW process. If you’re considering this pathway, contact us to schedule a personalized consultation and find out if you and your family qualify.