Visa requirements for foreign-flagged crew in the U.S.

GrahamF · Dec 21, 2007

Hi All

18 December 2007 - Visa requirements for foreign-flagged yacht crew in the U.S. raises concerns

There has been a growing concern in the confusion surrounding visa requirements for foreign-flagged superyacht crew members visiting South Floridian waters, which has sounded alarm bells for a number of local businesses who depend on the business brought in by the
vessels visiting the area for either maintenance or cruising purposes. Each visiting megayacht / superyacht brings more than $488,000 to the region through boatyard expenditures, brokerage commissions and charter fees, contributing an estimated grand total of £372.4 million last
to the region (according to a study conducted on behalf of the Marine Industries Association, the Florida Brokers Association, and the Broward Alliance).

Brokers, boatyard representatives and captains have warned that the red tape surrounding crew visa regulations for foreign crew, including the length of time for the visas, could be prohibitive in attracting vessels in the future. The typical visa for large yacht crew is the B1 which allows a stay of up to 6 months in the U.S. or U.S. waters, but officials at U.S. consulates often mistakenly issue C1 visas which are intended for freight and cruise ship crews, and allow a stay of no more than 29 days.

This shows a lack of understanding of the needs of a large yacht and its crew, with longer stays for maintenance or chartering seasons. There has never been a category created specifically for large yacht crews. Issues can also arise when a crew member with a B1 visa arrives at immigration and the official does not understand their special needs, and so will not allow a sufficient stay to meet the crew's needs. Robbie Dolling, a captain of a yacht who is from London has had problems of this nature in the United States, "It's a gamble every time you
come through... He didn't understand that the boat needs to be crewed all the time... It can get a bit scary."

The Department of Homeland Security and the Marine Industries Association have been trying to work together to clarify any problems that could arise without the correct preparation (more to come on this in the next few days). The increased security measures of the U.S. have
been understandable since the Sept 11 attacks in 2001, but could this be a step too far if it dramatically affects local economies? In the meantime nearby foreign ports have been promoting themselves as alternatives to the traditional service locations, including the Bahamas,
"Other places are realising the significant economic value the megayacht industry provides and they're going after it in a big way. It's a big industry, but these vessels are mobile. They can go anywhere." Have you had problems with crew visas in the U.S. or do you work with people who do?

Source: www.sun-sentinel.com
Click to expand...

After posting this article we were contacted by Chris Schaefer, a yacht captain who has experienced problems and found solutions relating to U.S. immigration in the past. Here is what he kindly suggested:

Visit this web page to download the relevant document: http://www.state.gov/documents/organization/87206.pdf

Scroll down to page 12 and you will find the following:
9 FAM 41.31 N9.5 Yacht Crewmen
(CT:VISA-701; 02-15-2005)

Crewmen of a private yacht who are able to establish that they have a residence abroad which they do not intend to abandon, regardless of the nationality of the private yacht. The yacht is to sail out of a foreign home port and cruising in U.S. waters for more than 29 days.
Also have a look at this 9 FAM 41.41 N1.3 (TL:VISA-25; 07-21-1989)

The INA makes no distinction between U.S. and foreign flag vessels. Therefore, foreign crewmen may be accorded D visas notwithstanding the nationality of the vessel on which they are employed, provided all other requirements for D classification are met. Note, however, that INA
101(a)(15)(D) precludes the issuance of crew visas to aliens who seek to join fishing vessels having a home port or operating base in the United States, regardless of the nationality of the fishing vessel. Keep in mind that the C1/D1 visa is the correct visa for crew and only if the vessel stays longer than 29 days in the US is a B1/B2 visa to be issued whether the crew member is working on a US flagged or foreign flagged vessel.

All of this is found on this web site: http://www.state.gov/m/a/dir/regs/fam/c22752.htm
One other section I would like to point out is this one:
9 FAM 41.31 N5 IMPORTANCE OF
FACILITATING INTERNATIONAL TRAVEL
(CT:VISA-701; 02-15-2005)
a. The policy of the U.S. Government is to facilitate and promote international travel and the free movement of people of all nationalities to the United States both for the cultural and social value to the world and for economic purposes.
b. You shall expedite applications for the issuance of a visitor visa if the issuance is consistent with U.S. immigration and naturalization laws and regulations. You must be satisfied that the applicants have overcome the presumption of intending immigration.

The INS treat every person applying for a visa and entering the US as a potential immigrant. It is up to the individual to prove that he/she has no intention to immigrate to the US. this is the key to a successful application and entry into the US.

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Visa requirements for foreign-flagged crew in the U.S.

GrahamF Senior Member