Getting a Green Card for being a regular Airline Pilot through the National Interest Waiver (EB-2c NIW) has been a controversial topic in U.S. Immigration for some time. Several Law Firms (and non-Law Firms) promise an easy Green Card option for Pilots based on the concept of a shortage of pilots in the U.S. They claim that the shortage and need for pilots illustrate the national importance of immigrating pilots into the U.S. (thus satisfying an essential requirement of the National Interest Waiver Green Card regulation).
My firm has not accepted these cases, but many law firms are getting calls from pilots that have seen advertisements for this immigration option. As such, it is essential to look into this matter to provide the public with all available legal options.
At issue is whether the work of a pilot is of National Significance, such that the U.S. will bypass typical immigration requirements to grant a Green Card.
I was able to find one Appeal made for a denied case on this topic to the Administrative Appeals Office (AAO). The focus of the final decision was on other issues in the case. But the AAO added critical statements at the end, questioning whether it is a work of "National Importance":
"...while the Petitioner may fly nationally or internationally, simply having a global route does not establish that the endeavor has a global impact."
"...how one pilot will improve a national shortage or will trigger substantial positive economic impacts has not been explained..."
Some of these pilot NIW cases may have been approved, and some pilots have unique skills that would qualify them for this Green Card. The attorney, in this case, may not have developed a good argument to overcome the government's objection. But I am still hesitant to file these cases barring some unique facts that would differentiate the Petitioner from a regular Airline Pilot.
Source: https://www.uscis.gov/sites/default/files/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Advanced%20Degrees%20or%20Aliens%20of%20Exceptional%20Ability/Decisions_Issued_in_2021/SEP142021_05B5203.pdf
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