EB2 National Interest Waiver (NIW) Programme for Pilots - Harvey Law Group Reports

HARVEY LAW GROUP REPORTS ON PILOTS SUCCESSFULLY APPLYING FOR NATIONAL INTEREST WAIVERS TO OBTAIN GREEN CARDS IN THE US Last year, Jean-François Harvey, Global Managing Partner of leading business immigration law firm Harvey Law Group (HLG), reported on an historic opportunity for pilots to obtain US green cards through the EB2 National Interest Waiver (NIW) programme. The EB2 NIW programme is one of immigration intent, resulting in the successful applicants receiving green card and permanent residence status in the US. Unlike employment-based visas, a green card allows the pilot to live and work in the US anywhere and for any airline of their choosing. We see this being an attractive option for experienced pilots who usually wish to safeguard their independence and do not wish to be tied to an employer simply to maintain their visa. A year on and HLG can now count over 20+ pilots, who have successfully secured their National Interest Waivers, and will now go on to obtain green cards and permanent residence in the US for themselves and their families, without the need to obtain a job offer or labour certification. What some may have considered an impossible outcome has become reality. Approved pilots have varied backgrounds (various nationalities; various ranks, such as captain and first officers; and various educational levels, some holding a high school degrees but not a university diploma). This indicates that the US authorities are conducting a case-by-case individualised and holistic review of each applicant, rather than taking a broad-brush approach. This reinforces why these EB2 NIW applications require very careful and detailed consideration, which will certainly differ from one pilot to another. It also involves a combination of strong legal arguments with the specificities of the industry. As the pilot shortage in the US continues to grow, we expect to see many more pilots benefiting from the programme, particularly as the US administration is getting more used to processing pilot applications and therefore is being educated on the national impact of their presence in the US. As a resident of Discovery Bay, Jean-François has made it a personal mission to broaden the opportunities of the pilots of our community and worldwide. “We understand that some of our pilots are under tremendous pressure, but we still take the time needed to prepare submissions that are as strong as possible,” Jean-François explains. “The world of immigration is not all sunshine and roses. A few pilots’ applications have unfortunately been denied over the past year. Still, these few pilots had good profiles and we are not simply closing their files. We continue to work with them towards a better outcome. We need to be innovative, adaptable and patient to help our clients through the process and, where necessary, to educate the services receiving their petitions.” If you are an experienced pilot and would like further advice on the EB-2 National Interest Waiver (NIW) programme, contact DB resident Laure Cochet, HLG Senior Associate, at lcochet@harveylawcorporation.com. Harvey Law Group (HLG) is a leading international law firm specialised in residency and citizenship by investment programmes since 1992. We currently operate in over 24 offices worldwide and represent over 25 countries for their respective programmes. The HLG team provides legal and advisory services to individuals and families on immigration, residency and citizenship, as well as a comprehensive range of business services for international corporations across multiple jurisdictions in Asia, North and South America, Europe, Africa and the Middle East. You can see the portfolio of countries we represent at www.harveylawcorporation.com/residence-citizenship-programmes.