Background
Our client, a highly skilled private pilot from South Africa, sought a visa to continue his aviation career in the U.S. during the pandemic. With extensive experience in managing and operating private jets, he had trained with one of the largest private jet operators in the world and held an Airline Transport Pilot License, which is the highest level of pilot certification. Achieving an ATPL requires not only a theoretical knowledge examination but also a minimum of 1,500 flight hours, far surpassing the requirements for private and commercial pilot licenses. After talking to him, our team determined that an O-1A visa was the best fit for him.
VisaNation Case Strategy
The O-1A visa is a type of non-immigrant visa that is designed for individuals with extraordinary abilities in the fields of science, business, education, or athletics. It is also sometimes referred to as the “genius visa” or the “Einstein visa”. To qualify for an O-1A visa, an applicant must provide evidence of their extraordinary ability through national or international acclaim in their field. This can be demonstrated through awards, publications, membership in professional organizations, and other similar achievements. The O-1A visa allows the holder to work for a specific employer in the United States for up to three years, with the possibility of extensions, and can also lead to permanent residency.
Typically, with these visas, you need to demonstrate an extraordinary ability in the industry you are applying for. There is a very small pool of individuals who used our client for his services. He had previously tried filing with another firm and got denied. Our team was able to build a case around our client’s expertise in aviation and relevant training in topics related to aviation, management, and quality assurance. Our client was well-rounded and had extensive training from one of the largest private jet operators in the world, and was certified in ATPL.
An applicant for an ATPL must complete a theoretical knowledge examination and no fewer than 1,500 hours of flight time. This flight time requirement exceeds those of other less-rigorous pilot license types, such as a private pilot license, which requires 45 hours of flight time, and a commercial pilot license, which requires 200 hours of flight time. In each case, the fact that these ATPLs were issued by their respective nations’ aviation associations, which are government-administered licensing boards, indicates that they are judged by “national or international experts” in aviation.
We were able to prove that our client satisfied at least four of the regulatory criteria set forth at 8 C.F.R. 214.2(o)(3)(iii);
1. He had documented membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields.
2. He had been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
3. He commanded either a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.
4. He served as a judge or evaluator of the work of others in the field of aviation, and in his capacity as Quality Assurance manager. This was core to his duties in ensuring legal compliance throughout all levels within his organization.
Verdict
RFEs are usually sent out for these O-1A visas, and our client didn’t receive one. We were able to file everything under premium processing within a week, and his O-1A was approved in September 2022!
