USA EB-2 niw for commercial airline pilots

WHAT IS THE VISA USA EB-2 NIW?

The USA EB-2 NIW (National Interest Waiver) visa is a lifeline for highly skilled professionals. It’s a key solution to the current pilot shortage in the United States, with over 8,000 pilot vacancies, representing about 11% of the industry’s workforce. By 2025, this number is expected to reach 30,000, driven by retirements and industry growth.

Over the next two decades, the demand for experienced pilots in America is set to grow to a staggering 260,000 positions. The EB-2 NIW visa is an avenue for these professionals to meet the aviation industry’s needs and make a significant impact on the U.S. economy.

HOW MUCH DO PILOTS EARN IN THE USA?

The average salaries for these posts range between USD 90,000 and USD 160,000 per year, but with bonuses and overtime, this can rise to well over USD 200,000 (United States Bureau of Labour and Statistics).

However, the academic standard is demanding, and the training is relatively long, therefore the number of intending pilots among American college students has dropped.

With the COVID-19 pandemic, many airlines have also grounded planes and given early retirement packages, which has exacerbated the situation.

EB-2 NIW VISA FOR SKILLED PILOTS

One of the ways the government is endeavouring to address this problem is by using the EB-2 National Interest Waiver Visa to attract overseas pilots to the country.

The program is designed for experienced foreign pilots with exceptional abilities who are interested in settling in the USA. While the process can be challenging, successful candidates and their qualifying family members can obtain an unconditional Green Card (permanent residency status) in the USA in 8 to 16 months.

Qualifying family members may include a spouse and dependent children up to the age of 21.

The EB-2 (NIW) visa has several advantages, including the right to reside, work, and study anywhere in the United States for the applicant and their dependants. After five years of residency, applicants will be eligible to apply for American citizenship. Under the National Interest Waiver, there is also no need for a pre-existing job offer or proof of a deficiency of available local workers for the job type.

Eligibility and Requirements for the USA EB-2 NIW Visa

The process is quite rigorous, as noted, and involves a pre-assessment and various substantiating documents and relevant letters of support.

The USCIS (the United States Citizenship and Immigration Service) has indicated that they are seeking individuals with a minimum of several of the following characteristics:
10 or more years of full-time experience and holds a license to practice or has the necessary certification, evidence that they have been receiving a salary commensurate with this level of expertise and membership in relevant pilot professional associations, and an academic record demonstrating a degree, diploma, or certificate, from a college, university, school, or comparable institution.

Recognition of achievements and a significant contribution to the aviation industry by your peers, government, or professional organizations would also be beneficial.

Managerial or teaching duties relevant to the industry that makes their training or service notable is also considered.

CANADIAN PILOTS WORKING IN US

In the year 2022, a notable surge in applications was observed, with no fewer than 147 Canadian pilots submitting requests for licenses to operate commercial aircraft in the United States. This figure marks a substantial escalation compared to the 39 applications received in the preceding year, as detailed in a Reuters report that has drawn upon hitherto unpublished data sourced from the Federal Aviation Administration (FAA).

HOW LONG DOES IT TAKE TO OBTAIN THE EB2 NIW VISA?

Initial EB-2 NIW processing estimate: 8-12 months. Some clients receive feedback in 3 months, but plan for 8-12 months. USCIS processing times vary based on past cases, so maintain realistic expectations.

A NEW OPPORTUNITY

“This is a fairly new opportunity, launched only in January of 2022,” Jean-François Harvey, Founder and Worldwide Managing Partner of Harvey Law Group (HLG) clarifies.

“Some of the criteria are objective, some may be subjective, and in some cases, they reflect our understanding of what facilitates approval we can discuss them with you to see if they can contribute to your application.”

Mr Harvey continues, “The process can be difficult, and an inadequate submission will certainly result in a denial. Nonetheless, we have had a number of approvals, so it is achievable. Further, our experience has been that age, nationality, rank, and similar considerations do not seem to count against an applicant. We have had successes for captains, as well as senior first officers; pilots in their 30s, as well as their 50s; and from various nationalities, including Australian, Canadian, Chinese, Indian, Spanish, Hungarian, British, and so on. Every case is assessed by the USCIS (United States Citizenship and Immigration Services) on its own individual merits.”

In the United States, immigration-related advice is reserved for lawyers In the United States. Harvey Law Group (HLG) has more than 30 years’ experience in the immigration field and more than 20 offices around the world. Unlike agents or non-authorised firms, HLG is a professional immigration law firm, and as such, has an obligation to advise you on the best options and on the programs most suited to your goals.

Trump Gold and Platinum Card: An Alternative EB-2 NIW Pathway

Beyond the traditional EB 2 NIW and PERM routes, the Trump Gold and Platinum Card program offers a streamlined golden visa pathway to U.S. permanent residency through financial contributions rather than labor certification or employment-generating investments.

How the Program Works

Introduced by the Trump administration through an Executive Order, this program allows individuals recosnized for their business abilities to obtain Green Cards for themselves and their families through direct financial gifts to the U.S. government:

• Gold Card: USD 1 million for individual applicants
• Corporate Gold Card: Minimum USD 2 million when a company sponsors an individual
• Platinum Card: USD 5 million, including tax advantages (holders can spend up to 270 days annually in the USA without U.S. taxes on non-US income)

Key Differences from EB-2 NIW

Eligibility Requirements

The Executive Order specifies that Gold Card contributions serve as evidence of eligibility under two EB categories:

1. EB-1A: Extraordinary ability in business
2. EB 2 NIW: Exceptional business ability qualifying for a National Interest Waiver

Applicants must:

• Demonstrate recognised business abilities
• Provide proof that contribution funds come from lawful sources
• Be admissible to the United States
• Meet standard permanent residency requirements

Benefits of the Trump Card Program

• No language requirements: Unlike some employment-based visas, English proficiency is not tested
• No job offer needed: Applicants can self-petition without employer sponsorship
• Family inclusion: Spouses and unmarried children under 21 receive unconditional Green Cards
• Faster processing options: Premium processing can significantly reduce the standard 12-month timeline
• Platinum Card tax benefits: The highest tier allows extended US stays without triggering worldwide income taxation
• Path to citizenship: Permanent residents can apply for U.S. citizenship after 5 years

Application Process Overview

The Trump Gold and Platinum Card process follows these general steps:

1. Initial Assessment (1-2 months): Verify eligibility, demonstrate business abilities, and confirm lawful source of funds
2. Application Submission: File Form I-140 with the U.S. Citizenship and Immigration Services (USCIS) along with proof of the required financial gift
3. USCIS Review (~12 months standard, or faster with premium processing): USCIS adjudicates the petition
4. Visa Processing: After I-140 approval, applicants either adjust status (if in the U.S.) or proceed through consular processing
5. Green Card Issuance: Upon approval, applicants and their families receive permanent resident status

Common Questions About Trump Gold and Platinum Cards

How does this differ from EB-5 investment visas?

The EB-5 program requires USD 800,000 invested in projects that create at least 10 jobs for U.S. workers. Trump Cards require higher contributions (USD 1M – 5M) but have no employment-generating requirements and may be processed more quickly.

Can I work in any field after receiving my Green Card?

Yes. Unlike employer-sponsored visas, your Green Card is not tied to a specific job or employer. You have full flexibility to work in any lawful occupation.

What happens if my application is denied?

If denied, you may have options to appeal or refile with additional evidence. The financial contribution is typically not processed until after initial approval, protecting applicants from financial loss.

Are there country-specific quotas or backlogs?

EB 2 NIW category visas are subject to per-country limits. Applicants from India and China currently face longer wait times (over 12 years for India, over 4 years for China) before their priority dates become current, even after I-140 approval.

Can I include my adult children?

Only unmarried children under 21 qualify as dependents. Adult children would need to pursue separate immigration pathways.

What evidence of “business ability” is required?

While the Executive Order does not specify detailed criteria, applicants should be prepared to document their business experience, achievements, leadership roles, and contributions to demonstrate recognised business abilities.

Learn More about the Gold & Platinum Card here

FAQ