July 25, 2008

What's at Issue
The Department of State (DOS) has stated its intent to terminate the use of J-1 visas for flight training effective June 1, 2010. Termination of the J-1 visa will require training providers to utilize the Department of Homeland Security's (DHS) Form I-20 and the M visa.

Why It's Important
According to the DOS, currently eight flight training providers facilitate the entry into the United States of approximately 350 foreign nationals annually for the purpose of flight training via the Exchange Visitor Program J-1 Visa. Termination of the use of J-1 visas for flight training may have an adverse impact on the flight training providers' ability to attract and retain eligible foreign nationals for flight training.

Major Provisions
Since 1949, the DOS has designated private sector and governmental entities to conduct training programs for eligible foreign nationals. For the past twenty years, such programs have included flight training activities. The DOS, via a Statement of Policy published in the July 11, 2008 Federal Register, has identified its intent to terminate the use of J-1 visas for flight training effective June 1, 2010, requiring training providers to utilize the DHS's Form I-20 and the M visa.

According to the DOS, the eight (J-1 visa) designated flight schools are also certified by the DHS to issue the Form I-20, which is needed to obtain an M visa. The DOS has stated that it does not have the expertise and resources to monitor flight training programs fully and ensure their compliance with the national security concerns. The DHS is responsible for the security-related screening of all alien flight training candidates and, in the opinion of the DOS, is the logical and most qualified governmental agency to handle flight training activities including entry visas.

NATA Position
Since publication of the July 21, 2008 NATA News article about the J-1 visa termination, NATA has received several comments from members questioning the DOS's statement that only eight flight training providers and approximately 350 foreign nationals annually are impacted. One of the primary benefits of the J-1 program has been the ability for pilots to gain on-the-job experience as a flight instructor prior to returning to their home country. This would not continue after the elimination of that program, resulting in less experienced pilots that could have a negative safety impact when they return home. Concerning to NATA is that the DOS intends to eliminate this long-standing program via a policy statement. NATA believes that the decision for the DOS to cease the flight training J-1 program is a regulatory action and requires the DOS to engage in formal rulemaking.

Status
NATA is currently in discussions about this issue with the DHS, flight training providers and the Small Business Administration. Should you have comments or concerns regarding this issue, contact NATA staff member Eric Byer at ebyer@nata.aero.

For general press inquiries, contact Shannon Chambers at 703-298-1347 or schambers@nata.aero. 

The National Air Transportation Association (NATA) has been the voice of aviation business for more than 80 years. Representing nearly 3,700 aviation businesses, NATA’s member companies provide a broad range of services to general aviation, the airlines and the military and NATA serves as the public policy group representing the interests of aviation businesses before Congress and the federal agencies.