Peter wrote:
In particular whether US schools do this. There is probably no cost advantage in an LSA in the US… other than a lower fuel burn (per hour) of a Rotax.
I’m aware of only one place within 200 miles of me that uses LSAs for any kind of flight training, so it might be hard to get an answer on this. LSAs are mainly flown by private owners in the US, and most of them that that you see are Cub derivatives that aren’t typically equipped for IFR.
For a US private owner with a more complex N-registered LSA the IFR problem is largely negated by transferring their plane into Experimental category. This has a number of advantages including allowing IFR (IMC) flight in a plane with which it was not previously allowed, assuming minimum or more IFR equipment is installed. The owner can then be trained for IFR (in IMC) in his plane without issue. The only problem might come when looking for a DPE to give the checkride in an unfamiliar plane – he is not obliged to do so.
tmo wrote:
Can you really do any FAA checkride in Europe? Or was he going to fly the L3 to the US?
Yes in international waters somewhere between UK & France but surely not in the L3 
Aliens do not need to register for a security threat assessment under the TSA Alien Flight Student Program before attempting a practical test. This is because practical tests do not come within the meaning of flight training as defined in 49 CFR 1552.1(b). The point is addressed in the FAQ section of the AFSP webpage (link):
When is a flight student exempt from the requirement to undergo a TSA security threat assessment?
Knowledge tests also do not require a TSA security threat assessment. See FAA Order 8080.6H ch 5 para 19 (link):
Administration of Knowledge Tests to Non U.S. Citizens. Since knowledge tests are considered ground training, applicants who are not U.S. citizens may take airman knowledge tests without complying with the Transportation Security Administration’s (TSA) Alien Flight Student Program (AFSP).
Peter wrote:
The “18 hours” bit is totally absent in these cases. Has this been defined?
That is an M- or F-class visa requirement for weekly attendance when the dominant part of the course as certified by a designated school official consists of classroom instruction. If the dominant part is certified as consisting of “shop or laboratory work” then attendance must be at least twenty-two clock hours per week. Those requirements are codified at 8 CFR 214.2(m)(9)(iii) for the M-class and CFR 214.2(f)(6)(i)(D) for nonvocational training programs done under an F-class visa. Superficial guidance on the DHS Study in the States website (link) associates flight training with shop or laboratory work.
Full course of study requirements for post-secondary programs
M-1 post-secondary requirements
—M-1 students in vocational or other non-academic curricular programs must take 18 clock hours per week if the majority is classroom instruction or 22 clock hours per week if the majority of the program instruction does not take place in the classroom, such as laboratory work or flight training.
A practical test is not a course of study so there is no requirement for aliens to seek admission/adjustment under an M- or F-class visa (or status, in the case of Canadian citizens). Aliens may undertake a once-off remedial training session, eg following a failed practical test, but training is otherwise not permitted when admitted under a B-class visa or the visa waiver program. See 8 CFR 214.2(b)(7). See also US DOJ memorandum referenced in the second half of post 67 (21 Mar 2019) in the thread First time flying in USA.
Peter wrote:
Should there be a perceived need for TSA for non US airspace flying, one can get around that by training ostensibly towards a Euro license/rating.
Flight training given under the privileges of a US flight instructor certificate is subject to the security regulations made in 49 CFR 1552 pursuant to sec. 612 of the Vision 100—Century of Aviation Reauthorization Act (49 USC 44939). That statute applies, with extra-territorial effect, directly to the flight instructor.
Very interesting.
So the 18hrs is now 22hrs, for flight training, before you need the M1 Visa. You could actually do the PPL or the IR at that rate. 22hrs/week is a lot of flying. Most people are knackered after 2hrs/day (2 flights a day) which is only about 12hrs/week (Sunday off).
The challenge is likely to be finding a US school willing to accept this argument.
My comment about ostensibly training towards a Euro-something was with an instructor who is authorised to do that. That could be an EASA FI, or a dual FAA/EASA FI exercising his EASA FI privileges.
You need TSA approval for the IR and if not using a school your instructor also needs it.
There’s one school at my home base that uses Light Sport for training, but I don’t know how far they go in these. They also have a Cessna fleet.
Peter wrote:
So the 18hrs is now 22hrs, for flight training, before you need the M1 Visa.
Not quite. Aliens generally need to be admitted as an F-1/M-1 nonimmigrant to pursue a course of study which then leads to an 18 or 22 hour/week attendance requirement.
