Creating a Niche Immigration Law Practice Focusing on Aviation Employment

When people find out I am an immigration attorney, they generally make certain assumptions. I often hear, “Oh, so you represent illegals,” or, “You fill out forms all day.” That is not where I spend my time. Rather, my work is, for the most part, transactional and requires a great amount of creativity. I represent professionals and highly skilled foreign talent who want to come to the United States to work or to invest. In fact, the focus of my practice is even narrower still: I specialize in employment-based immigration matters related to aviation.

While I tend not to go to immigration court or federal court, I am constantly making legal arguments on my clients’ behalf; I make my arguments on paper in the form of work visa and green card petitions. I must convince the U.S. government that my clients should be granted a particular type of work visa, deserve a national interest waiver (NIW) so they can get an “express green card,” or can apply for their own green card based on extraordinary ability (EB-1A).

Immigration law is broad, and the regulations are constantly evolving and changing. Because there are so many aspects of immigration law, it is hard to be an immigration general practitioner, and more attorneys are choosing to specialize. Some of my colleagues restrict their work to removal defense, which is very much a court-based practice. Others focus on family-based petitions. Some concern their time with consular practice.

The Shortage of Domestic Pilots

The United States currently faces a shortage of airline pilots. There are numerous causes. The Federal Aviation Administration (FAA) requires pilots to retire when they turn 65. The COVID-19 crisis either forced or encouraged many pilots in their late 50s and early 60s to take early retirement. Further, the costs of flight education and training have risen, and the supply of pilots from the military has decreased. The U.S. government has already realized that our pilot shortage is a problem and will continue to become a problem. Therefore, legislation has been proposed that would raise the retirement age to 67. Opinions vary on whether or not raising the pilot age is in the best interests of the country.

Focusing My Immigration Practice on Aviation Employment

As my father was a pilot, a Vietnam War veteran, and a U.S. Air Force major, I was always interested in aviation. My dad frequently talked about aircraft, the science behind flying, and aviation, which made a big impression on me as a kid. When I realized how much of a pilot shortage we have in this country, I decided to make this the focus of my immigration practice. I realized I could really help top foreign pilots in their dreams to move stateside and fly our friendly skies.

Which pilots make the best candidates for EB-2 NIW green cards? I usually like my clients to be at least in their mid-30s because anyone much younger than that rarely has enough experience. Age is no guarantee of experience, but youth is also no guarantee of innovation. It also is easier to represent pilots who have accredited four-year bachelor’s degrees that are the equivalent of a U.S. bachelor’s degree. If my client does not have an advanced degree or at least a bachelor’s degree, we then must demonstrate that they possess exceptional ability.

When you work in a narrower field, it really helps if you can fully grasp the subject matter and can “talk shop” with your clients. Highly technical fields such as aviation or aerospace require at least a working understanding of the language, concepts, and acronyms related to the industry. I frequently speak to pilots, and it is essential to learn about their areas of expertise, stories from the skies, and how they obtained all their licenses, type ratings, and additional specializations and training. Relating to your clients is always key.

When I talk to pilots and other STEM talent, I must determine if they are good candidates for an EB-2 NIW green card. An EB-2 NIW application allows a pilot (or any professional) to “self-petition” and apply for their own green card without a job offer or sponsor. Success rates are higher if applicants are in a field where they are experts, if they have unusual skills or abilities, or if the job is in great demand. While labor shortages are arguments we use in NIW petitions, the U.S. government generally looks for other evidence, including exceptional ability and how the job and the specific applicant can make a difference here in the United States.

Immigration law is generally flat-fee based, and we do not operate on a contingent fee basis. I have had potential clients ask if they can pay me only if we win. The answer is no. I will sometimes joke and say, “I am like Evel Knievel. I get paid for the attempt.” I use my experience and knowledge to properly evaluate a candidate to see if they have more than a fair chance at an EB-2 NIW or EB-1A green card. This determination takes time and costs money. Unless the client is Sully Sullenberger, Lionel Messi, or Elon Musk, I usually need to talk to them, research their field, and find out more about their qualifications before I can take the case and quote a price. I am also honest about their chances and operate with full disclosure and transparency. I don’t compete on price, and it is unfortunate when we get potential clients who simply want to “price shop.” However, in this industry, you often get what you pay for.

My Practice Beyond Aviation Employment

As I am known in my circles as an attorney who specializes in pilots, people may think I only represent pilots or those in aviation/aerospace. This is not the case. While they might be my focus, I am more than willing to consider other candidates, such as international tax specialists, innovative inventors, experts in electrical safety, or ex-military with particular skill sets. So long as I can understand what they do or at least be willing to learn a little bit along the way, I am confident in my abilities to present their best evidence. Occasionally, I will refer a case to a colleague who has more experience in other narrow areas of immigration law. It is helpful to know your limits and refer a case out instead of trying to master everything and ending up mastering very little.