172driver wrote:
any freelance instructor wishing to instruct a foreign (in the sense of US immigration) student needs to register with the TSA and get approval
That applies to flight training in an aircraft or simulator rather than ground training. Those terms are defined for this purpose in 49 CFR 1552.1. This distinction is warranted on account of the thread mainly addressing aeronautical knowledge training in preparation for a knowledge test. Otherwise, the requirement to register with TSA as an individual CFI training provider has extraterritorial effect as far as I recall.
The FIRC required core topic— Transportation Security Administration (TSA): What Flight Instructors Need to Know to Stay Out of Trouble—can be done online for free, eg with Sporty’s, in an under an hour.
Candidates, whether or not they are aliens under US immigration law, require no authorisation for the first attempt at some knowledge tests, such as the ICP IFP or IEP, but an authorisation is required for a retest. This requirement is covered in AC 61-143:
10.2.3.7 If the applicant receives a grade lower than 70 percent and wishes to retest,
there is no mandatory waiting period to attempt the retest. The applicant must
present the following to the knowledge testing center proctor prior to taking
the retest:
• The failed Airman Knowledge Test Report (AKTR); and
• Written endorsement from an FAA-authorized instructor certifying that
additional instruction has been given, and the instructor has found the
applicant competent to pass the knowledge test.
The additional instruction in this case does not require the flight or ground instructor to be registered with TSA as a training provider.
It is, I think, open to interpretation whether this additional ground instruction amounts to a “course of study” in which aliens, who are admitted under the visa waiver programme or a B-class visa, are prohibited from enroling. Plagiarising from my post (#67) of 21 Mar 2019 in the thread First time flying in USA, in the absence of more recent guidance one might wish to rely on the supplemental guidance given on 12 Apr 2002 in a memorandum (pdf link) for regional directors et al from the Executive Associate Commissioner of INS on the “prohibition of B-1 or B-2 nonimmigrants enrolling in a course of study prior to a change of nonimmigrant status”:
The prohibition against beginning a course of study prior to obtaining Service approval of
a change of nonimmigrant status request is limited to B-1 or B-2 nonimmigrants. The
term “course of study” implies a focused program of classes, such as a full-time course
load leading to a degree or, in the case of a vocational student, some type of certification.
Casual, short-term classes that are not the primary purpose of the alien’s presence in the
United States, such as a single English language or crafts class, would not constitute a
“course of study.” Courses with more substance or that teach a potential vocation, such
as flight training, would be considered part of a “course of study” and thus would require
approval of a student status.
OK does that mean one could fly with FAA/EASA ME instructor in Europe and go to the US to do the ME practical test without visa and TSA approval based on a SEP FAA/IR. Have both passed EASA checkride and FAA practical test done in the US?
These questions are addressed in the FAQ published on the TSA Alien Flight Student Program website.
Who must participate in the Alien Flight Student Program?
Under the Flight Training Interim Final Rule, persons seeking flight training must undergo a security threat assessment if they are not citizens or nationals of the United States, and if:
…
When is a flight student exempt from the requirement to undergo a TSA security threat assessment?
…
Snoopy wrote:
a student can’t receive instruction without the applicable visa
Recurrent or refresher training can be done under the B visa/status (or visa waiver program) according to the Foreign Affairs Manual published by the State Department.
9 FAM 402.5-5(J)(7) (U) Aviation Training (link)
(CT:VISA-1277; 05-13-2021)
a. (U) All flight training for initial training or subsequent training
that will result in a certificate or rating must be undertaken on an F
or M visa.
b. (U) Recurrent or refresher training (training related to an
aircraft for which the applicant has already received certification)
may be undertaken on a B-1. Recurrent training is the training
required for crewmembers to remain adequately trained and currently
proficient for each aircraft crewmember position, and type of
operation in which the crewmember serves. It often consists of flight
simulator training but may also entail classroom training to update
pilots on such things as recent safety issues, trends in aviation, and
modifications to aircraft configuration or operating procedures. This
assumes that the applicant’s employer is covering the recurrent
training costs, incidental costs, and that the applicant does not
receive a salary or perform labor in the United States.
—
See also TSA Docket No. 2004-19147-0226 (19 Oct 2004) (pdf link):
What is recurrent training?
“Recurrent training” is defined in 49 CFR 1552.1(b) as "periodic
training required under 14 CFR part 61, 121, 125, 135, or Subpart K of
part 91." TSA interprets this definition to not include any flight
review, proficiency check, or other check whose purpose is to review
rules, maneuvers, or procedures, to demonstrate a pilot’s existing
skills on aircraft with a maximum certificated takeoff weight (MTOW)
of 12,500 pounds or less, such as the flight review required under 14
CFR 61.56 or the recent flight experience requirements in 14 CFR
61.57.
