Noe wrote:
What about training under visa waiver programme (ESTA)?
Prohibited by 8 CFR 214.2(b)(7).
Qalupalik wrote:
Prohibited by 8 CFR 214.2(b)(7).
But a visitor can “engage in study that is avocational or recreational in nature” – so training isn’t prohibited outright. A flight review is legal on a waiver / tourist visa, some argue that an IR course could be as well, as long as it isn’t for a commercial license and doesn’t exceed a certain number of hours per week. When flying for fun, it’s actually well within scope of “recreation”, is it not?
tmo wrote:
IR course could be as well,
You need TSA approval for an IR (and also for initial training). Nothing to do with commercial or not.
TSA approval has nothing to do with the visa type though, does it? https://www.flightschoolcandidates.gov/ seems to be down, so I can’t check.
Not directly AFAIK (the systems may well be linked in the background, though), but I doubt you’ll find a school or instructor willing to take the risk. They have to get approval for you also. Of course someone can give you some informal flying lessons that do not lead to a license, like a trial lesson, etc.
I’ve actually had some outfits outright suggest that a waiver / B2 visa is sufficient when I was asking around for accelerated IR courses (technically just the final 15h required by the FAA). On the flip side, I’ve also had some highly recommended individuals turn me down due to the TSA hassle factor.
tmo wrote:
But a visitor can “engage in study that is avocational or recreational in nature” – so training isn’t prohibited outright. A flight review is legal on a waiver / tourist visa, some argue that an IR course could be as well, as long as it isn’t for a commercial license and doesn’t exceed a certain number of hours per week. When flying for fun, it’s actually well within scope of “recreation”, is it not?
Neither statute nor the subordinate regulations refer to “avocational” or “recreational” study which are terms used in ICE guidance literature. While aliens admitted in B-class status may attend short courses, incidental to the purpose of the visit, there is no way this can reasonably cover the attainment of an instrument rating. Or any other rating or certificate. See the State Department’s Foreign Affairs Manual on aviation training, 9 FAM 402.5-5(J)(7) (link ):
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 if the training involves only flight simulator training and self-study and no classroom instruction. This assumes that the applicant’s employer is covering the simulator training costs, incidental costs, and that the applicant does not receive a salary or perform labor in the United States.
c. (U) Questions regarding visas for flight training should be directed to the F, M, J visa portfolio in CA/VO/F/ET [Office of Field Operations — Education and Tourism Division], as listed in the Who’s Who section on the CA [Bureau of Consular Affairs] website
See also supplemental guidance in the 12 Apr 2002 memorandum (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
Requests for interpretation of US immigration law should be directed to the Advisory Opinions Division within the Office of Information Management and Liaison (Bureau of Consular Affairs). Otherwise you might contact Senator Chuck Grassley (R-IA), who was until the start of the year the Senate Judiciary Committee Chairman, who has specifically raised your question with the Secretary of the Department of Homeland Security (link):
9. If the “B” visa category (visitors for business or pleasure) is one of the categories in which an alien may receive flight training, please explain how it is possible in light of the prohibition on aliens coming to the United States on a B visa “for the purpose of study” (INA 101(a)(15)(B))?
Does this mean that if you are visiting the US on a B-2 visa or waiver program, you can’t receive any kind of flight instruction for any purpose? E.g. if you want to rent an aircraft at an FBO/School and after the checkout they determine you will need a few hours with an instructor before they let you loose.
Airborne_Again wrote:
Does this mean that if you are visiting the US on a B-2 visa or waiver program, you can’t receive any kind of flight instruction for any purpose?
For what it’s worth, me and a couple of friends haven’t had any issue with checkouts on visa waiver, across different outfits / states. I did part of my Cirrus transition course there, at a place where they didn’t seem generally lenient on paperwork (they needed copies of everything, rejected B&W – needed colour, etc)
@Airborne_Again No I don’t personally believe it does. A flight review, rental checkout, or once-off training flight such as a ride in seaplane at Jack Brown’s, cannot constitute courses of study and, although covered by independent legislation, do not require TSA security threat assessments or background checks. Beyond this the range of permissible activities is poorly defined at least until the training results in a measurable outcome such as a certificate or rating.
And as for doing an instrument rating after being admitted under the visa waiver program, see the Congressional hearing held 18 Jul 2012 before the subcommittee on transportation security “A decade after 9/11 could American flight schools still unknowingly be training terrorists?” , serial no 112-106, https://www.govinfo.gov/app/details/CHRG-112hhrg79848/CHRG-112hhrg79848/summary
