Washington Lawyer - November/December 2022 - 24

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Buttigieg said of the pilot shortage back in May. " It's affecting the whole
domestic aviation industry but disproportionately affecting smaller
regional carriers. " 9
The pilot shortage is also happening at a time when cybersecurity
vulnerabilities are likely to increase as the Next Generation Air Transportation
System (NextGen) initiative brings more automation to the sector.
According to one academic paper published in 2020,10
" [p]ilots have a
vital role in providing resiliency to the NextGen system in the event of
a system fault, system destruction, or hacking attacks from individuals,
terrorist organizations, or state actors. "
The study offered the example of Delta Air Lines in 2016, when the airline
" lost electrical power to an operations center in Atlanta, resulting in the
cancellation of 2,000 flights and a financial loss of 150 million dollars for
the company. " Of course, there are worse outcomes. Suppose a pilot is
not adequately trained and relies too much on automated systems. In
that case, we could face another tragedy akin to the crash of Air France
447 over the Atlantic Ocean in 2009, which occurred minutes after the
autopilot disconnected.
The longer the pilot shortage continues, the more consumers should
expect higher fares, fewer flights, and more cancellations in the coming
years. Modern automation is not a cure-all for this problem because it
cannot replace human pilots' ability to solve new and complex challenges.
Fortunately, relaxing the FAA's 1,500-hour rule is not our only
option. U.S. immigration can help address the pilot shortage and keep
Americans safe at the same time by adapting its guidelines to welcome
more qualified and experienced pilots from around the world.
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NOTES
THE OFFICIAL PUBLICATION OF THE DISTRICT OF COLUMBIA BAR
SEPTEMBER/OCTOBER 2022
1 Schlappig, Ben, " Airlines Look to Abolish 1,500-Hour Rule for Pilots, " One Mile
at a Time (May 11, 2022), onemileatatime.com/news/1500-hour-rule-pilots.
ALSO INSIDE:
* Crowdsourcing
War Crimes
Evidence
* LGBTQ Rights
Post-Dobbs
* Rise of ISL
Doctrine
FOR A CAUSE
2 Singh, Rajesh Kumar, & Lampert, Allison, " Analysis: Foreign Pilots Rush in
as U.S. Carriers Struggle to Staff Up, " Reuters (May 3, 2022), reuters.com/
business/aerospace-defense/foreign-pilots-rush-us-carriers-struggle-staffup-2022-05-03.
3
INA § 203(b)(2)(B); 8 USC § 1153(b)(2)(B); AFM at 22.2 (j)(4); S. Rep. No. 55, 101st
Cong., 1st Sess, at 11 (1989); 56 FR 60891, 60900 (Nov. 29, 1991).
Manuscripts should adhere to the following word counts:
● Law-related articles/features: 1,500-2,000 words
● Practice areas/professional development: 800 words
● Essays: 800 words
For more information, email editorial@dcbar.org.
4 26 I&N Dec. 884 (AAO 2016).
5 22 I&N Dec. 215 (Acting Assoc. Comm'r 1998).
6 In re 12459048, AAO (June 15, 2021), bit.ly/3CPNEog.
7 In re 16709641, AAO (Sept. 14, 2021), bit.ly/3AQXELw.
8 faa.gov/about/plans_reports/media/2020_jan_economic_impact_report.
pdf.
9 Russell, Edward, " U.S. Transportation Secretary Pitches Federal Support
to Ease Pilot Shortage, " Skift (May 3, 2022), skift.com/2022/05/03/u-stransportation-secretary-pitches-federal-support-to-ease-pilot-shortage.
10
Taylor, Aysen, & Cotter, Teddy, " Pilots' Role in the Critical Infrastructure of
Aviation, " Advances in Human Factors and Systems Interaction, 10.1007/978-3030-20040-4_32.
24
WASHINGTON LAWYER * NOVEMBER/DECEMBER 2022
Linchi Liang is a business immigration attorney in Washington, D.C. He is also
a member of the American Immigration Lawyers Association.

http://www.aarp.org/LCE http://www.onemileatatime.com/news/1500-hour-rule-pilots http://reuters.com/business/aerospace-defense/foreign-pilots-rush-us-carriers-struggle-staff-up-2022-05-03 http://reuters.com/business/aerospace-defense/foreign-pilots-rush-us-carriers-struggle-staff-up-2022-05-03 http://www.dcbar.org http://reuters.com/business/aerospace-defense/foreign-pilots-rush-us-carriers-struggle-staff-up-2022-05-03 http://www.bit.ly/3CPNEog http://www.bit.ly/3AQXELw http://www.faa.gov/about/plans_reports/media/2020_jan_economic_impact_report.pdf http://www.faa.gov/about/plans_reports/media/2020_jan_economic_impact_report.pdf http://skift.com/2022/05/03/u-s-transportation-secretary-pitches-federal-support-to-ease-pilot-shortage http://skift.com/2022/05/03/u-s-transportation-secretary-pitches-federal-support-to-ease-pilot-shortage

Washington Lawyer - November/December 2022

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