ARTICLE
3 September 2024

Aircraft Maintenance Engineers & Technicians To Qualify For Green Cards Under The USA EB-2 National Interest Waiver Program

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Harvey Law Group

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Harvey Law Group (HLG) is a leading multinational law firm headquartered in Hong Kong with over 20 offices worldwide. Founded in 1992 by Jean-François Harvey, HLG has an extensive track record and deep sector expertise in immigration law. The HLG team provides legal and advisory services to individuals and families on immigration, residency and citizenship, as well as a comprehensive range of business services for international corporations across multiple jurisdictions in Asia, North and South America, Europe, Africa and the Middle East. HLG is a Foreign Law Firm registered with the Law Society of Hong Kong Its lawyers are qualified and registered in various jurisdictions including, Québec and Ontario Bars in Canada, England & Wales, France, Thailand, Vietnam and Grenada. https://harveylawcorporation.com/
Thanks to the growing shortage of Aircraft Maintenance Engineers (AMEs) and Aircraft Maintenance Technicians, it is believed that nowadays AMEs and technicians are viable applicants for the...
Worldwide Transport

Thanks to the growing shortage of Aircraft Maintenance Engineers (AMEs) and Aircraft Maintenance Technicians, it is believed that nowadays AMEs and technicians are viable applicants for the EB-2 National Interest Waiver (NIW) program. Let's explore more in this article.

What is the USA EB-2 NIW Program?

The EB-2 category is part of the US employment-based immigration programs designed for professionals possessing exceptional ability or holding an advanced degree. Successful applicants can bypass the US-employer sponsorship requirement and apply for a green card based on their credentials. Upon approval, applicants and their qualifying dependents including spouses, and children under 21, will receive an unconditional green card valid for 10 years. If they meet the residential requirement, they can apply for US citizenship after 5 years.

To qualify for the EB-2 NIW program, applicants must first demonstrate outstanding expertise in their profession to meet the exceptional ability requirement. Alternatively, candidates would need to possess an advanced degree or its equivalent in their field. Additionally, one must prove that his work has a significant positive impact on the US national interests to satisfy the national importance requirement.

AMEs & Technicians Make Good Candidates for EB-2 NIW

AMEs are unquestionably essential to aircraft safety as they maintain airworthiness. Before AMEs can inspect the aircraft, they would need to go through rigorous licensing processes governed by institutions like the US Federal Aviation Administration and the European Aviation Safety Agency. It is doubtless that qualifying AMEs typically dedicate years of study to acquire a bespoke skillset and possess practical maintenance experience. With these in mind, we believe it is sufficient to demonstrate that AMEs satisfy the exceptional ability criteria of the EB-2 NIW program.

Furthermore, the US aviation market needs more AMEs. Recent statistics showed that there are more than 200,000 aircraft in the US and the number is growing. Nonetheless, the limited numbers of domestic AMEs resulted in a manpower shortage to maintain all these aircraft. The COVID-19 job cuts are one of the reasons for this looming challenge, as it accelerated AMEs to retire or switch industries. At worst, a dearth of AMEs could lead to flight cancellations and delayed repairment. Considering the critical role AMEs play in the US aviation sector, we believe that foreign-qualified AMEs are very likely to meet the national importance requirement under the EB-2 NIW program.

Given that the EB-2 NIW program is highly sought after, we do reiterate the importance of submitting a carefully drafted initial petition and being prepared to fully demonstrate how the applicant meets the EB-2 criteria. We strongly encourage those interested in the EB-2 NIW to speak with one of our lawyers to evaluate and discuss the options available.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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