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received his multiengine instrument rating which permits pilots
to fly multiengine aircraft like the Beech 1900D. On May 27,
1992, petitioner received his multiengine commercial pilot rating
(CPR) which qualifies pilots to fly commercial jets for hire. In
1994, petitioner received his airline transport pilot rating
(ATPR), the FAA’s highest rating, which authorizes a pilot to fly
as a captain with an airline company.
From July 1995 until February 1996 petitioner worked for Era
Aviation (Era) in Lake Charles, Louisiana. He worked as a
helicopter pilot transporting both people and equipment to and
from offshore oil rigs in the Gulf of Mexico. At no point prior
to February 4, 1996, had petitioner flown as a commercial airline
pilot on a fixed-wing airplane.
In late January 1996, petitioner was approached by a
Continental Express Airlines (CE) captain who suggested that
petitioner apply to be a pilot with CE. After submitting his
application, petitioner was invited for an interview. Shortly
after completing the interview process, a representative from CE
offered petitioner a job. The representative informed him that
his first task was to attend the required new-hire training which
was to begin on February 4, 1996. At the time, all new hires
were required to pay CE $7,500 for their training and
orientation. On February 17, 1996, petitioner paid the $7,500
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