J1 Student visa questions

tattooed · September 3, 2009

Does anyone have any info on the new visa that is said to replace the J1 that, from my understanding, is going away? I am trying to work with potential student from Europe. I have been doing alot of my own research, but would appreciate any info that anyone might have.

FYI, I am NOT a 141 school. I'm hoping the new student visa will not require training with a 141 school.

tattooed · September 5, 2009

I love how currently there are 88 views, and no responses. COME ON!!! Someone is BOUND it have a tidbit of info?!

My eyes are growing tired of reading the US Immigration/Visa webpage. Grrrrrrrr.

I have a potential German student, but we are having issues with the visa. He is not really interested in coming in on the 90 day travel visa (having to go back and forth every 90 days get's expensive!!!!)

glennahall · September 6, 2009

My reply isn't the answer your looking for probably. I apologize for that now.

Having said that, I have some thoughts on the issue.

If your student is coming only for training, I assume that they will be going at it full time. If they are doing helicopter training, they are spending some decent money for that full time training. A round trip ticket from LAX to Frankurt and back is less then a grand two weeks before Christmas. That's, what, 3 or 4 hours worth of dual time? That doesn't seem TOO expensive... not compared to the cost of doing that training in Germany (expensiver as I understand it.)

Another thought... Is it legal for an alien to do flight training on a travel visa?

Finally, how long over all will your student be training with you? I mean in general of course. I want to head off all the "every student is different" stuff. What tickets will he/she be seeking? Could the over all training career be broken up in 80-90 day chunks to give breaks and whatnot?

Very best,

G

tattooed · September 6, 2009

Your reply has no "new data"...LOL. All valid issues I have been considering.

I know of many foreign students that have trained on the 90 day visitor visa. How legal is it? I am totally unsure. I know for a fact that they were appropriately registered with TSA.

Yet another issue I am looking into.

My other issue....coming in on the M1 visa (vocational studies). They can stay for 1 year, but *I* would need to be an approved USCIS school. Grrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr.

Pain in the a$$! As I have more than 1 potential foreign student...all of whom do NOT want to train with the well-known "USCIS" approved schools. I just spent 3 weeks in Germany and I met several pilots and potential pilots....several specifically asked if I was with "School XXXX" and where glad I was not. Interesting.

I could have a pretty steady CFI job if I can resolve the visa issue!!!!

I super appreciate your response!!!

Since I did initially train with one of these large school, I am pretty familiar with the visa issues already.

Hawkeye0001 · September 29, 2009

I love how currently there are 88 views, and no responses. COME ON!!! Someone is BOUND it have a tidbit of info?!

My eyes are growing tired of reading the US Immigration/Visa webpage. Grrrrrrrr.

I have a potential German student, but we are having issues with the visa. He is not really interested in coming in on the 90 day travel visa (having to go back and forth every 90 days get's expensive!!!!)

Hi Tatooed!

I'm also from Germany and working on my CFI right now on a J1 visa. So I've been through all these visa issues last year. I'm not affected by the new regs, but I'm also trying to find out what may come after the J1-visa. For now I wasn't able to obtain any reliable information about that yet.

To get to the point:

1. You cannot travel "back and forth" every 90 days! The 90 days count for a consecutive 12 month period. So if I've been in the US from january-march I used all my 90 days under the visa waiver program for that year and I cannot come back for the next 12 month.

And customs & immigrations at the airport are really strict about that and don't hesitate to kick you back into the next flight home if somethings odd.

2. Refer to your FAR/AIM, 49CFR §1552.3 (just before the AIM starts):

c) "A flight school" may not provide flight training [...] unless

1) the flight school has first notified TSA [...]

2) the candidate has submitted to TSA [...]

[and so on.]

I'm not a 100% sure about it in your case, since it states "a flight school", but why should you be handled more lax than an accredited flight school? TSA approval is definitely required for initial and instrument training, everything else can be done without it.

Despite the fact that it is outphased: you cannot get a J1-visa anyway if you are not enrolled in a flight school, that is actually accredited to issue a J1 (respectively the DS-2019).

I know of someone else who got an F-visa from a language school which was somehow affiliated with a local flight school. That way he was here to learn aviation english and his flight training kind of tied in with that, obviously without problems.

I hope that helped a bit.

Good luck

tattooed · September 30, 2009

Thanks so much for taking the time to reply!!

Not 100% accurate with the 90 day travel visa....don't have any details, other than I know foreign guys who are doing this, coming back and forth, and legally. So it's "do-able".

Guess I need to look into this more. My understanding is you need to leave for 2 weeks, then come back. Some guys are able to extend the 90 days if they can prove they have $$ for the duration, an airline ticket back home, and a "fee" (of course! ugh).

I had to abandon ship on the M1 idea. Need to be an established flight school (5+ years, grrrr).

And yes, these guys are all registered with TSA. I as well.

I'll re-read that reg.....good refresher!!! THANKS!!!!!! So much to catch up on. Need you guys to "keep me in line"!!!!!!!!

Dang, I wish immigration wasn't such a pain in the a$$. I'd have a SUPER busy job.

Maybe I need to relocate to a desolate, tropical island. Paint a palm tree and a lounge chair on the side of my helicopter.

Did you train at Hillsboro? I know so many Germans from there. If I don't know you, I'd imagine we have some friends in common.

Helibear · October 4, 2009

Tattooed,

sorry no answer.

The only information right now is that their will be a replacement program. No details whatsoever.

But I'm sure the school will need to have an approved sponsorship program which is not so easy to come by.

As far as the 90 day visa-waiver goes. This is meant to be for tourists etc., to my best knowledge it is not legal to use this time to do training.

Have a nice day

Helibear

tattooed · October 31, 2009

you guessed, I'm dredging up this topic again....

Here's the scenario...

I am flying "demo flights" with a potential German student. He is here in the area on a work visa with a company based out of Berlin. He wants to get his helicopter ratings...and go all the way to CFII.

I had him register with TSA...the school I work for is a recognized school. We have trained many Canadians who do come down on a 90 day travel visa.

Does anyone know where I call/visit to make sure this is all legal for me to train this guy? I don't want to make any mistakes, or waste this nice guy's $$ if he will never be able to complete his training here.

Should I start with my FSDO?

And someone else mentioned to me that to accept the M1 visa, the school needs to have been around for 5 years with at least 5 signoffs. I wish I could remember who told me that, and where do I start applying to get that ball moving.

Any help is GREATLY appreciated.

Edited October 31, 2009 by tattooed

beckwith · November 6, 2009

A buddy of mine from England was here a few years back when the H2B visa problem happened he spoke to Phillip Mervis at The Visa Law Group he is very good.

http://www.visalawgroup.com/firmStaff.html...or-Philip-49575

Edited November 6, 2009 by beckwith

Hawkeye0001 · November 6, 2009

Hi!

From what I understand it's the visa that causes you trouble --> who issues the visa? The local embassy. So that would be my starting point. I suppose he's here on a H1 visa, so you might also want to take a look on the United States Citizenship and Immigration Services website, they often have quite helpful FAQs.

From mere guessing and what I read about the H1 so far it should not be a problem to do at least the PPL under the provisions of an H1. Anyway, either one of them should be able to clearly state what you can and cannot do with it.

Next contact point as you already mentioned would be the local FSDO.

Sorry that I don't have anything more specific to help you. Good luck!

Chris

tattooed · November 6, 2009

Hey thanks, Chris!!! That actually IS quite helpful. I've been digging around the USCIS webpage, not much luck there.

I'll try visiting the local Embassy and seeing where it gets me.

rotormandan · November 8, 2009

I don't see the problem with training someone who has a visa whether a tourist or work etc. That just determines when they have to leave the country. As long as they have registered with the TSA after you should be fine. Of course, I'm not an expert at all what so ever.

My light hearted suggesten is to start a buisness such as a lawn mowing buisness or something of the like and then hire these folk to get them a work visa. Now they're in the country, registered with the TSA and !VOLA!

Once again I'm not even remotely close to an expert on this subject.

lelebebbel · November 8, 2009

I don't see the problem with training someone who has a visa whether a tourist or work etc. That just determines when they have to leave the country. As long as they have registered with the TSA after you should be fine. Of course, I'm not an expert at all what so ever.

There are restrictions on what you can do on whatever visa you have, and if you violate them you'll get kicked out and possibly not let back in. Not good.

My light hearted suggesten is to start a buisness such as a lawn mowing buisness or something of the like and then hire these folk to get them a work visa. Now they're in the country, registered with the TSA and !VOLA!

Once again I'm not even remotely close to an expert on this subject.

Not possible. The US are extremely strict / limited about their work visa. Basically, there are very limited numbers available each year, and only for people with extremely specialized skills. And no, pilots or lawn mower drivers are certainly not on the list.

beckwith · November 9, 2009

Not possible. The US are extremely strict / limited about their work visa. Basically, there are very limited numbers available each year, and only for people with extremely specialized skills. And no, pilots or lawn mower drivers are certainly not on the list.

It used to not be as bad but a couple of years ago congress* lumped in working visas with the whole immigration debate.

*Feel free to substitute your own word for Congress!

Hawkeye0001 · December 8, 2009

Finally the answer is out, it's the F1 visa that's going to replace the outphased J1 visa.

I don't know much specific yet, the only things I know for now are: it's valid for 2 years and you can instruct on it as CFI. However, it's gonne be a bit different in the way how you can do this "on the job training", the application process for your SSN will be somewhat different.

I'll let you know, as soon as I get to know more about it.

Chris

tattooed · December 8, 2009

Thanks for posting that. Still very difficult to find any information.

Any info is VERY helpful!!!

heligirl03 · December 9, 2009

I have a potential student, Canadian, lives/works here on a green card. Anyone encountered that before? Any thoughts?

tattooed · December 9, 2009

Call Jerry. We have Canadian's come thru all the time. I think they are allowed to train on the 90 travel visa...they are the ONLY ones allowed to.

heligirl03 · December 9, 2009

Call Jerry. We have Canadian's come thru all the time. I think they are allowed to train on the 90 travel visa...they are the ONLY ones allowed to.

K, I'll have B give him a call. This guy is a resident alien with a US greencard but according to the TSA, greencard=alien the same as everyone else. But if he doesn't need a work visa to work here, why would he need a student visa to train here? Hmm, I'll see what Jerry says.

Hawkeye0001 · December 9, 2009

I'm pretty sure you don't need a student visa to train if you are resident alien. As you said: why should you?

I think in this particular case the point is more about the TSA clearance. As an american citizen you only need a TSA endorsement, which is of course much easier to obtain.

As a foreigner you have to get TSA clearance before you do your initial or instrument training (if you do both, you have to do it twice). Since a greencard holder is a resident alien but not a US citizen, this would make sense.

www.flightschoolcandidates.gov

Edited December 9, 2009 by Hawkeye0001