US embassy cable - 04MADRID3649

UNCLAS MADRID 003649 
 
SIPDIS 
 
FOR CA/VO/L/C - ATTN: MONIQUE HOUCK 
 
E.O. 1298: N/A 
TAGS: CVIS, SP 
SUBJECT: REQUEST FOR SECURITY ADVISORY OPINION 
 
1. Post requests an advisory opinion in the case of Ryan Air 
pilots applying for C1/D and B1/B2 visas to work in the 
United States for a six month period. Over the past year, 
Madrid has seen several cases of pilots requesting visas for 
six weeks of training, followed by approximately 5 months of 
flying, based in airports in the United States. Ryan Air 
usually submits letters requesting B1/B2 visas for spouses 
and children of the pilots as well, indicating that they are 
indeed living in the United States. 
 
2. When Conoff contacted Ryan Air contact C. David Ray, Vice 
President of Operations for Ryan Air in Wichita, KS, she was 
told that while there was supposedly a training aspect of 
these trips to the US, "they actually work from day one," 
based usually in airports in Minneapolis and Milwaukee 
flying to the Caribbean. The idea is that they would be in 
B1/B2 status while in the United States, and in C1/D status 
while flying. 
 
3. Please advise the appropriate visa category for the above 
work. With clear work responsibilities and residence in the 
United States, even for a limited period of time, these 
foreign pilots are providing a constant source of labor for 
Ryan Air, without being subject to the restrictions on 
foreign labor set by the Immigration and Nationality Act. 
 
ARGYROS