EB-2 Visa Guide for International Airline Pilots
Date of Information: 05/11/2025
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What is the EB-2 Visa?
The EB-2 visa is a U.S. employment-based immigrant visa for individuals with:
An advanced degree (or its equivalent), or
Exceptional ability in the sciences, arts, or business.
For more information on EB-2 visa requirements, please see the Charles International Law research guide here.
Who Qualifies?
To qualify as a pilot for an EB-2 visa, you must generally meet these benchmarks:
Hold an ATP (Airline Transport Pilot) License or equivalent international credential. An ICAO-compliant ATPL (such as from EASA or CASA) will usually suffice. EASA (European Union Aviation Safety Agency) is the regulatory body for civil aviation safety within the European Union. CASA (Civil Aviation Safety Authority) is Australia’s national aviation safety regulator. Both agencies issue ATPLs that are compliant with ICAO standards and are generally recognized by U.S. immigration authorities. for demonstrating your qualifications. However, obtaining an FAA ATP certificate may provide a strategic advantage in certain petition contexts, particularly where direct U.S. aviation industry comparability is useful. FAA-approved ATP certificate courses are available to non-U.S. airline pilots at several flight training schools, including Pan Am Academy.
Have at least ten years of full-time experience in your field if applying under the exceptional ability standard, or possess a master’s degree or its foreign equivalent in a field related to aviation, engineering, or aeronautical science and at least five years of progressive post-baccalaureate experience. If you meet the latter standard, you may qualify as an "alien with an advanced degree" under the EB-2 category, provided the job offered requires an advanced degree.
Possess a bachelor’s degree or higher, and/or meet three or more of the USCIS "exceptional ability" criteria (awards, salary benchmarks, recognition, etc.). For more information on the exceptional ability criteria, please refer to the Charles International Law research guide on EB-2 applications generally.
Have a job offer from a U.S. employer willing to sponsor you (unless applying for a National Interest Waiver — see below).
Application Requirements
To qualify for an EB-2 immigrant visa as an international airline pilot, you must submit documentation aligned with either the advanced degree or exceptional ability standard. For those applying under the exceptional ability pathway, U.S. immigration regulations (8 C.F.R. § 204.5(k)(3)(ii)) require evidence meeting at least three out of the following six criteria. Here is how each may apply to airline pilots:
Official academic record showing a degree, diploma, certificate, or similar award from a college, university, or other institution of learning relating to the area of exceptional ability.
Submit your bachelor’s or higher degree in aviation, aeronautics, engineering, or related fields.
Include a credential evaluation report from a recognized credentialing agency to establish the U.S. equivalency of any foreign degree. Several online platforms provide appropriate assessments in a convenient format, including Scholaro. See https://www.scholaro.com/.
Letters documenting at least 10 years of full-time experience in the occupation.
Provide letters from employers detailing your roles, aircraft flown, total flight hours, command experience, and employment dates.
Note: If you hold a master’s degree (or the foreign equivalent) in a related field, you may qualify as an “alien with an advanced degree” under the EB-2 category. In that case, you typically only need to show five years of progressive post-baccalaureate experience to meet the eligibility threshold—either as an alternative to, or in conjunction with, an exceptional ability showing.
A license to practice the profession or certification for the profession or occupation.
Include your ICAO-compliant ATPL (e.g., EASA, CASA), and FAA ATP certificate if held.
Instructor or check airman certifications can further strengthen your petition by highlighting leadership, trust, and distinction within your field—helping to demonstrate that your abilities exceed those of most other pilots.
Type-rating certificates can also be highly valuable, as they demonstrate your qualifications to operate specific aircraft types, indicating both your advanced technical expertise and the categories of positions you may be eligible for within the U.S. aviation market.
Evidence that you have commanded a salary or remuneration for services that demonstrates exceptional ability.
Present pay records or employment contracts showing above-average salary, per diems, or international assignment bonuses that exceed pilot industry standards.
If you are still in the exploration phase, it might help to pull data on variations in the cost of living between your home country and the United States. These factors can help you estimate how your salary would compare to similarly qualified pilots if you were employed in the United States.
Membership in professional associations.
Provide proof of active membership in associations such as IFALPA (International Federation of Air Line Pilots’ Associations), ALPA (Air Line Pilots Association), or safety boards and aviation advisory groups.
Even better, include evidence of leadership roles within such associations, or publication in the journal of a professional association. These forms of recognition help distinguish you from similarly qualified peers.
Recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Include letters of recommendation, commendations, media coverage, incident or accident investigation roles, or documented training contributions recognized by your airline or regulators.
While you must meet only three criteria, strong applicants often provide documentation for four or more. A persuasive petition connects your records directly to how you benefit U.S. aviation safety, capacity, or resilience.
For more guidance on meeting these criteria, see the Charles International Law research guide on EB-2 criteria.
Additional Requirements for Employer-Sponsored Applications
If you are applying with employer sponsorship (the most common route), the petition will also include:
PERM Labor Certification from the Department of Labor — your employer must demonstrate that there are no qualified U.S. workers available for the job.
Form I-140 filed by the sponsoring employer, with all supporting documentation.
Proof of the job offer, including the employer’s legitimacy and ability to pay the offered wage.
Consular Processing or Adjustment of Status, via Form I-485, depending on whether you're inside or outside the U.S.
Additional Requirements for National Interest Waiver (NIW) Applicants
Pro Tip: It pays to work with a firm that has strong national security credentials—like Charles International Law—because we are better equipped to help you articulate the national interest served by your aviation work. We also have the insight and experience necessary to identify the strongest available supporting evidence for your case.
If you are applying under the National Interest Waiver, you must organize your supporting documentation around the four-pronged framework established in Matter of Dhanasar. That decision requires the petitioner to establish that:
The proposed endeavor has substantial merit and national importance.
Provide a detailed personal statement describing your proposed work in the United States, how it aligns with national aviation needs or safety goals, and the broader public benefit.
Include references to labor shortages, national security imperatives tied to the aviation industry, or public safety enhancements.
Cite industry publications, labor market data, and aviation safety reports to show why your contribution is of national importance.
The foreign national is well-positioned to advance the proposed endeavor.
Submit your resume, employment history, and letters from current or former supervisors demonstrating progressive responsibility.
Include documentation of training, type ratings, and flight experience in aircraft commonly operated in the U.S.
Provide evidence of past achievements, such as service as an instructor pilot, safety board member, or experience developing or implementing SOPs.
On balance, it would benefit the United States to waive the job offer and labor certification requirements.
Include letters of recommendation from subject-matter experts or U.S.-based employers who can attest to your immediate utility in the national interest.
Provide comparative salary data and discuss hiring delays in safety-critical roles.
If applicable, highlight the difficulty in aligning traditional labor certification with safety-sensitive or credential-dependent jobs.
The applicant meets the underlying criteria for the EB-2 category.
Reiterate your eligibility either under the "advanced degree" or "exceptional ability" standards (as discussed in prior sections).
Consider cross-referencing evidence from your EB-2 showing to support your NIW narrative.
For more information on the NIW process generally, please see the Charles International Law Guide on National Interest Waivers.
⚠️ Caution: It is sometimes difficult for international airline pilots to demonstrate "exceptional ability" under the regulatory framework because the metrics typically used to evaluate pilot performance—such as safety, compliance, and procedural standardization—do not always translate into public recognition, awards, or other affirmative, quantifiable achievements emphasized by U.S. immigration standards. That said, with careful framing and supporting documentation, pilots can still make strong showings under the EB-2 criteria. Some of the most effective ways to demonstrate distinction include showing a career progression into larger and more sophisticated airframes, or highlighting leadership through service as an instructor pilot or check airman.