INDUSTRIES — AEROSPACE & AVIATION
Aerospace & Aviation
Immigration counsel with direct operational experience in FAA-certificated programs, ITAR-controlled technology, and commercial aviation systems integration.
INDUSTRY OVERVIEW
Aviation’s Immigration Challenges
The aerospace and aviation sector presents some of the most complex immigration scenarios in the U.S. workforce. Employers operate under overlapping regulatory frameworks — FAA certification authority, ITAR export controls, CMMC requirements, and EAR classifications — that directly affect who can be employed, in what capacity, and with access to what technology.
Foreign nationals working in aviation engineering, avionics integration, systems certification, and aircraft maintenance roles must clear not only USCIS adjudication but also employer compliance obligations tied to their specific program authorizations. A petition that ignores these constraints — or fails to properly characterize the role within them — creates legal exposure for both the employer and the employee.
RELEVANT VISA CATEGORIES
Work Visa Pathways
TN
H-1B1
ITAR & EXPORT CONTROL CONSIDERATIONS
Immigration and Export Compliance
Foreign nationals working on ITAR-controlled programs are subject to deemed export rules — meaning that sharing controlled technical data with a foreign national, even within the United States, may constitute an export requiring a license or other authorization. This is not an immigration issue per se, but it is inseparable from the hiring decision for any foreign national employee in a defense or dual-use aerospace program.
Lex Nautica works with employers to understand the intersection of their immigration needs and their export compliance obligations, and to structure petitions that accurately reflect the nature of the work — without creating unnecessary compliance risk.
Relevant Visa Categories
Last updated: May 13, 2026