After attempting the EB2-NIW I feel I need to warn everyone out there.

The blood sucking lawyers out there saw an opportunity to cash in and boy-oh-boy did they ! This visa category is not really applicable to pilots, if you are “just” a line pilot, maybe if you wrote a new training manual or developed a new training system or something else exceptional you might qualify.

Even after meeting the criteria for the exceptional ability part, there is almost no way of meeting the National Importance or Beneficial to the US to waive a job offer Dhanasar prongs. Just citing a pilot shortage is not enough, as many (including the USCIS) believe there isn’t one.

In my case, and many other colleagues I have spoken to, the reply from the USCIS was that just being a pilot going to fly for 1 airline is not of national importance or beneficial to the US, which makes sense, 1 pilot is not going to make any difference in the great scheme of things.

Some pilots did get their applications approved, I personally know a few, but I know many many more who didn’t. Maybe the case officer had a great day, who knows. In short it is a very subjective process, it all depends on the case officer, you have the same chance of success applying for the Diversity Visa Lottery.

If you are going to attempt the application at least do yourself a favour and go with a “cheap” lawyer, there’s a company out there charging $5000 up front, and only if you’re petition is successful will you pay the remaining amount. The firm I went with ( which I will regret to my dying day ) charged upwards of $12000 up front and the service I received was terrible and after almost 5 months the petition they filed was no better than the $5000 law firm, in fact I could have downloaded a template and done a better job over a weekend. AG

Don’t believe any lawyer, they will tell you anything to get your retainer, always with the caveat (softly whispered) that they off course cannot guarantee success.

I didn’t do enough research, fell for the lawyers sales pitch and lost a ridiculous amount of money.. In the immortal words of Forest Gump : Stupid is as stupid does.