United States EB2-NIW Visa for Airplane and Helicopter Pilots

Successful applicants lawfully obtain permanent status, a green card, in the USA.

Yes, there are three. EB-2 A is for individuals holding advanced degrees in fields requiring them, EB-2 B is for individuals who demonstrate exceptional ability in their field, and EB-2 C is for individuals granted a National Interest Waiver (NIW).

A job offer, also called labor certification, is only required for the first two categories, EB-2 A and EB-2 B. It is not required for the National Interest Waiver category.

The NIW lets an applicant apply to the EB-2 program without a valid U.S. job offer. In other words, it waives the job offer requirement.

The applicant must show that the proposed endeavour has substantial merit and national importance, that the applicant is well-positioned to conduct the project, and that it would benefit the USA to waive the job offer requirement.

No. USCIS has issued general guidance on how it determines exceptional ability and U.S. national interest. No specific professions are named, and pilots are not singled out, just as other professions are not.

Yes, HLG has over 200 pilot approvals.

The I-140 is the form an applicant must submit when filing the EB-2 application and National Interest Waiver request.

No. It is for highly experienced pilots and first officers who hold an FAA license or another major world license compatible with FAA licensing. HLG's team assesses your qualifications to determine whether you are a good candidate.

In theory it is not required. That said, an FAA license can help show an immediate impact in the field. A pilot who holds a comparable major license and the required hours can usually obtain FAA licensure within a few weeks, which may help demonstrate immediate impact, and HLG encourages finishing the FAA licensure process before filing the NIW if you have already begun it.

A U.S. job offer would benefit the application, though approval of the EB-2 application is entirely at the discretion of the reviewing USCIS officer.

HLG recommends membership in an aviation industry association open exclusively to professional pilots, as it strengthens the application. This means any organization that limits membership to professional pilots, and pilot unions are typically considered legitimate examples. Organizations open to anyone interested in aviation are not what is needed.

Applying expresses an intent to immigrate to the United States. If you later apply for a non-immigrant visa, a consular officer could ask about this intent and, in principle, deny a future non-immigrant visa if they believe you intend to enter as a temporary visitor but stay permanently. HLG considers this risk very remote, especially for applicants with no history of overstaying and with family or other ties elsewhere, and in their years of practice they have never seen a non-immigrant visa denied for this reason, though it remains possible. Anyone concerned can discuss it with an HLG attorney.

Yes, you may travel to the U.S. while the petition is pending. If asked whether you have applied for permanent residence or an immigrant visa, you must answer yes, explain that the trip is temporary, state when you will leave, and make clear that you will process permanent residence abroad at the U.S. consulate.

The processing time for a National Interest Waiver application can currently take up 24 months, though an expedited process can be applied to reduce this timeframe to around 2 months.

Yes. Premium processing is currently available for EB-2 NIW petitions, under which USCIS responds within 45 business days of each communication. This does not necessarily mean an approval or denial within that window, since requests for evidence and notices of intent to deny also count as responses.

Yes, it may be subject to retrogression. Once Stage 1, the National Interest Waiver, is approved, the applicant can only complete Stage 2, the visa application, once their petition submission date is current. As of April 2026 the category is current, so there is no backlog and applicants may proceed immediately to Stage 2 upon approval, though priority dates can retrogress and are monitored on an ongoing basis. Applicants born in India and Mainland China currently face a longer backlog, though in some cases a spouse's country of birth may help overcome it.

After approval, the case transfers from USCIS to the U.S. Department of State National Visa Center (NVC) to process green card applications for the applicant and dependents. Once those applications are submitted, the NVC routes the case to the appropriate U.S. consulate for the immigration medical check and consular interview, and the immigrant visa green card is issued after the applicant passes the interview.

The process can be delayed at this stage if you need. You must activate the immigrant visas within six months by entering the U.S. as a lawful permanent resident, and your green card is mailed to you within about a month of arrival. Consular times vary and cannot be stated definitively; some consulates have issued the interview date within 3 to 6 months while others have been backlogged to 12 months. Because immigration policies and timelines change frequently, HLG re-evaluates the best options once a client's EB-2 NIW is approved.

No, you do not need to reside in the USA during the process

No. In that case the applicant may be eligible for an adjustment of status within the U.S. and would not need to return to their country of origin.

No. Legalizing or notarizing translations is not required; a certified translation by a licensed translator is sufficient.

A USD 715 filing fee plus a USD 300 mandatory asylum fee.

A spouse and children under 21 years old.

Same-sex marriage is accepted, but a common law partner cannot apply as a dependent; only married spouses qualify. Dependents are elected only after Stage 1 NIW approval, and there is no minimum marriage duration, so a spouse you married while Stage 1 was ongoing can be included as long as the marriage took place before the immigrant visa application is submitted.

Yes, provided they are under 21 and were under 18 when the petitioner and the step-child's parent registered the marriage. Step-children may need additional consent from the other biological parent if that parent had shared or joint custody.

It may be possible. The child's age is frozen while the I-140 is pending, and once the priority date is current and the I-140 approved, the days spent processing the I-140 are subtracted from the child's chronological age. If the result is under 21, the child can be included if the family wishes. It depends on the country of nationality and the availability of immigrant visas for that country at the time.

Yes. A consent letter from the parent who is not included in the application must be provided.

The validity of the EB-2 Green card is 10 years.

No. The EB-2 green card is unconditional.

U.S. law does not set a specific number of days per year to maintain the green card. However, the green card is meant for people who want to live and set their main residence in the USA, and anyone who lives outside the U.S. for an extended period risks being considered to have abandoned permanent residency and losing the green card. This is assessed case by case.

It means the place where someone usually lives and spends most of their time.

Yes. EB-2 green card holders can live, work, study, or retire in the USA.

No. U.S. permanent residents cannot sponsor their parents; only U.S. citizens can. Once you become a U.S. citizen, you may then sponsor your parents.

Yes. A green card holder can apply for U.S. citizenship after five years of residence, spending more than 2.5 of those years in the U.S. with no absences longer than six months in a row. There are some exceptions to the residency requirements, but none specific to pilots who fall short because of their job. If you do not meet the citizenship residency requirement, you can still renew your green card, and this does not affect your family members' independent right to apply for citizenship.

Yes, provided you maintain the U.S. as your primary residence.

That is allowed. Eligibility for citizenship is assessed individually, so you can apply after five years of holding your green card and meeting the requirements even if your dependents do not apply with you.