Do Private Jet Pilots Need a TSA Waiver When Flying to the US?

• How to apply: Official TSA Waiver Submission Portal. 
• Authoritative guidance: AIM Chapter 5, Section 6.
• Additional information: TSA General Aviation.

Filing at least seven days before your flight is recommended and encouraged. Remember to include the passenger and crew information within the request and be aware that the waiver is valid for only 90 days (A hard copy must be on board). But first, let’s make sure you need one. 

When do you need an International Waiver?

1. Flying to or from the U.S.

You will not have to file for an International Waiver if your flight is directly arriving in or directly departing from U.S. airspace, so long as it makes only a single stop within the country. Most international flights that enter or exit U.S. airspace for a landing or a departure satisfy this rule.

2. Multiple Stops Within U.S. Airspace

If your flight is foreign-registered and involves multiple stops in the U.S., you will need a waiver if:

• Your private aircraft is more than 100,309 pounds MTOW.
• The aircraft is not US-registered.

3. Overflying U.S. Airspace

If your flight departs and arrives outside the U.S. and overflies U.S. airspace, the following applies:

• Aircraft weighing more than 100,309 lbs MTOW must file for a waiver, even if U.S. registered.
• US-registered aircraft weighing less than 100,309 lbs MTOW are not required to obtain a waiver. If foreign-registered, they are required to obtain a waiver with the exception of “Portal Countries” that can enter U.S. airspace directly from that country of origin.
• Portal countries include:

• Canada
• Mexico
• Bahamas
• Bermuda
• Cayman Islands
• British Virgin Islands

4. Special Interest Countries

Aircraft registered in certain “Special Interest Countries” will fall under stricter requirements. All flight plans that overfly, arrive, or depart the U.S. with these subject countries will automatically require an International Waiver. At this time, these are the countries that are under this classification:

• Cuba
• Iran
• North Korea
• China
• Russia
• Sudan
• Syria

Types of Flight Waivers

There are many different kinds of waivers. The main type of waiver an international operator would be concerned with includes:

• Restricted airspace waivers (e.g., Washington DC Special Flight Rules Area)
• Event-based waivers (such as for major sporting events or theme parks like Disney)
• For international operators, the main types of waivers to be concerned with include:

• International Air Ambulance Waivers.
• No Transponder Waivers.
• International Single Trip Waivers is the biggest one for most non-commercial international flights.

Important Requirements of Flights Over U.S. Airspace

Apart from the waiver, the following are the requirements for all flights over U.S. airspace:

• File and maintain an active VFR or IFR flight plan.
• Ensure your aircraft is equipped with a Mode C or S transponder using an ATC-assigned transponder code.
• Establish and maintain clear and continuous communication with Air Traffic Control.

In a nutshell: Who needs a TSA Waiver for the U.S.?

1. Foreign registered aircraft weighing over 100K lbs making two or more stops in the US.

2. All overflights over 100K lbs need one, and that includes N-registered. If you are foreign registered and overflying, you need one regardless of size. There is one single exception: If you are overflying with an aircraft under 100K lbs registered in a Portal Country and the flight is from any of those countries.

3. Aircraft registered in Special Interest Countries need a Waiver for everything – ops to, from, within, and over the US.