USA allows Brazilian pilots to enter aviation training facilities for training

Following discussions between Brazil and the United States, the entry of Brazilian pilots for training at Civil Aviation Training Centers located in the U.S. will be allowed under certain conditions. There will be no need for prior quarantine in third countries for entry the U.S. territory for taking part on a training at those facilities, which is required for type rating.

However, in order to enter the USA, the Brazilian pilot must obtain an authorization from the American Embassy or Consulate where he/she obtained his/her B1 or M1 visa, a procedure called National Interest Exception (NIE) – see below how to request the special authorization to enter the United States.

You must also comply with the health protocols required by the U.S. government for the control of the Covid-19 pandemic, including any quarantine guidelines required after entry into the country, depending on decisions at the local, state, and federal levels. More details on how the NIE works and on the sanitary control measures in place can be found at the U.S. Embassy and Consulates in Brazil.

With this exception, it will be easier for Brazilian pilots to meet the mandatory requirement of using the training facilities in order to obtain or renew type clearance for aircraft models whose simulators are located in the USA.

Flexibilization
In September 2020, in view of the closing of borders due to the Covid-19 pandemic and the difficulty for Brazilian pilots to meet training requirements in training centers based abroad, the National Civil Aviation Agency (ANAC) issued Resolution N. 586, dated September 15, 2020, which authorized, for a period of 18 months, special conditions for training provided for in the Brazilian Civil Aviation Regulation (RBAC) N. 61 required for the revalidation of type ratings.

How to apply for the special authorization (NIE):

1. If the pilot has a valid B1 (or B1 / B2) or M1 type American visa: it is necessary to send an email to the Consulate or Embassy of the United States in Brazil where the visa was issued and request the issuance of the NIE. If the visa was issued outside of Brazil or if the applicant is eligible for ESTA (Electronic System for Travel Authorization), contact the Consulate in Brazil responsible for your state of residence.

2. Pilots without a B1 visa: send an e-mail to the Consulate or Embassy to which you will submit your visa application, requesting an emergency interview and the issuance of the NIE. Due to the need for an in-person interview, it will be necessary to consider the most convenient consular location due to distance.

3. Pilots without an M1 visa (only for cases in which the Ground School does not take place remotely and the workload related to the Ground School is explicit in the training center statement): send an e-mail to the Embassy or Consulate to which you will submit the visa application, requesting an emergency interview and the issuance of the NIE. If an in-person interview is necessary, it will be necessary to consider the most convenient consular location due to the distance.

Important guidelines:

1. The information provided is for guidance only and may be changed at any time. Therefore, it is recommended to contact the U.S. Embassy or Consulate where the B1 or M1 visa was issued for updated information on how to obtain the special authorization (NIE).

2. Submission of an application for special authorization (NIE) does not guarantee approval, since all applications will be reviewed by the U.S. Embassy/Consulate for approval or denial.

3. The National Interest Exception (NIE), if approved, is valid for a period of 30 days after approval. If the date of travel is more than 30 days from the date of application, the analysis will not be performed, and a new application must be submitted within this period.

4. The documents pertinent to your application, including forms DS-160, I-129, I-797, DS-2019 or I-20, if applicable, must be attached to the application email as PDF format files, and must not exceed the limit of 4MB for each document.

5. It is critical that the applicant clearly justifies his/her request for a special authorization (NIE). To do this, the applicant must follow the script provided below:

Script for preparing an email requesting the NIE

The NIE request email should clarify the following points:

1. Is the traveler a Legal Permanent Resident (LPR), i.e. does she/he hold a valid green card in the United States? Please, answer YES or NO.

2. Are you the spouse of a U.S. citizen or Legal Permanent Resident? Please, answer YES or NO.

3. Is the traveler an unmarried child of a U.S. citizen under the age of 21? Please, answer YES or NO.

4. Is the traveler the parent or legal guardian of a single U.S. citizen or Legal Permanent Resident under the age of 21? Please, answer YES or NO.

5. Is the traveler the sibling of a U.S. citizen or Legal Permanent Resident and both are single and under the age of 21? Please, answer YES or NO.

6. Has the traveler already applied for the National Interest Exception (NIE) at the Brazil Mission? If yes, in which office and on what date? 

7. Please, summarize the purpose of the trip to the United States at this time. 

8. Provide the full name, nationality, and date of birth of the main traveler and accompanying persons. 

9. Provide the principal traveler’s home address in Brazil. 

10. Attach copies of all travelers’ valid visas, if applicable.

11. Attach copies of the biographical pages of all travelers’ passports.

12. Provide documents that demonstrate the relationship between the principal traveler and his/her companions and to a U.S. citizen or Legal Permanent Resident (LPR), if applicable (e.g. birth and marriage certificates). 

13. Provide information about your travel plans, including the estimated date of travel, as well as the airports of origin and destination. Keep in mind that we do not recommend purchasing airline tickets before the completion of the NIE application and the issuance of the visa. Please note that applications made more than 30 days before the travel date will be disregarded.  

14. For how long do you intend to stay in the United States?

15. Does the traveler understand and plan to comply with Centers for Disease Control and Prevention (CDC) and any local government quarantine requirements?

If you are a pilot going to the United States for training:

1. Describe your current position as a pilot (including name of employer, commercial aircraft, private aircraft, passenger transport, freight transport, locations to which countries you fly, etc.).

2. What type of aircraft do you fly?

3. Describe the training (i.e. initial training vs. recertification and simulator vs. ground school training), including why this training cannot be completed remotely and why the training must be completed now. Please, provide a copy of the complete training schedule prepared by the Training Center. Failure to provide this document will delay the review of the application.

4. Will the training result in a new certification or rating?

5. When did you last complete this training?

6. Who will bear the cost of the training and travel?

7. When will the current certification/classification expire?

8. Does the employer require the training? It is important to mention that the training is required by Brazilian technical regulations (Subpart K of RBAC #61).

9. Does the aircraft manufacturer require training? Please note that training is required by Brazilian technical regulations (Subpart K of RBAC nº 61).

10. List all locations (including city, state and country) that offer the training.

Additional Information

Emergency face-to-face interviews for visa applications are limited. Qualification for the issuance of the NIE document does not give the applicant an immediate right to an emergency interview. Due to health and security protocols, the U.S. Consulates in Brazil are conducting a limited number of operations to issue non-immigrant visas.

The email should be forwarded with all the information described above to the Consulate or Embassy where the visa was issued or, if not issued, to any of the units below:

-Brasília: brasiliavisa@state.gov

- Recife: recifevisa@state.gov

- Rio de Janeiro: visario@state.gov

- São Paulo: saopaulovisa@state.gov

- Porto Alegre: portoalegreNIV@state.gov