Tackling Immigration and Visa Myths with MIASF's Patience Cohn
The marine industry recently experienced significant confusion over U.S. Customs and Border Protection (CBP) regulations regarding foreign crew working on vessels in American shipyards. This misunderstanding stemmed from a presentation during the Palm Beach Boat Show, where CBP officers' comments about crew working in dry dock were misinterpreted, causing panic throughout the yachting community. The confusion centered on whether foreign crew members could continue their regular duties while vessels were hauled out for maintenance or repairs.
To address this widespread concern, a high-level meeting was convened at Port Everglades CBP offices with key industry stakeholders present. The meeting included representation from CBP leadership, including the head of small passenger vessel entry from Washington DC (via Zoom), the deputy director from the Tampa-Miami district, and officers from various CBP disciplines. Industry representation was comprehensive, including the Marine Industries Association of South Florida, numerous marine businesses, crew agencies, federal lobbyists, and maritime media. This collaborative approach demonstrates the strong working relationship that has developed between CBP and the marine industry over the past two decades since CBP's formation in 2003 following the 9/11 attacks.
The meeting clarified several critical points regarding foreign crew on B1/B2 visas. First, there has been no change in policy or interpretation of existing regulations. Foreign crew can indeed work on vessels while in shipyards, performing their normal duties such as cooking for crew or maintaining vessel interiors. What they cannot do is perform work traditionally done by shipyard workers in the U.S., such as bottom painting or mechanical repairs. This distinction ensures foreign crew aren't taking jobs away from American workers while allowing vessels to maintain their regular crew during yard periods.
Another important clarification focused on crew arrivals and departures. For foreign crew to work legally on foreign-flagged vessels in U.S. waters, they must either arrive with the vessel from a foreign port or depart with it to a foreign destination. At least one leg of their journey must be by vessel. Crew cannot simply fly in, work, and fly out without traveling aboard the vessel. For stays exceeding the standard visa duration (typically six months), crew can apply for extensions before their visa expires, maintaining legal status during the application review process.
The meeting also addressed a misconception about CBP enforcement practices. CBP officers are not patrolling shipyards or marinas looking for visa violations. Rather, issues typically arise during formal entry procedures when returning to the U.S. after foreign travel. For example, if a crew member has spent extensive time in the U.S. (particularly exceeding 50% of the year) with limited documented departures, CBP may question how they supported themselves during that period.This scrutiny aims to prevent illegal work arrangements, particularly unauthorized "day work" which remains strictly prohibited for foreign nationals.
Day work, where crew work temporarily on various vessels without formal employment contracts, represents a significant compliance issue. For foreign nationals, any day work in the U.S. is illegal regardless of the vessel's flag. When caught, crew who have engaged in day work face serious consequences, potentially including voluntary departure or, in worst cases, deportation with long-term visa ineligibility. This can derail promising careers in the yachting industry, making compliance the sensible choice for long-term professional success.
There was further clarification that foreign nationals on B1/B2 visas can legally search for employment while in the U.S., following a rule change in March 2023. However, they cannot accept or begin work while in the country. Contracts must be signed outside U.S. borders, and employment must commence with arrival on a vessel from a foreign port. This supports legal crew transitions while maintaining immigration compliance.
For yacht owners and operators, proper cruising license procedures were also discussed. Foreign vessels seeking cruising licenses for extended U.S. stays may face additional scrutiny if marketed for charter (considered "commerce" by CBP) or listed for sale. Today's process requires more structured documentation, including affidavits from vessel principals detailing intended usage and cruising plans. Vessels without cruising licenses must operate with "permission to proceed" authorization when moving between U.S. ports, requiring 24-hour advance notification.
We encourage you to utilize this blog as a valuable resource and to consult the sites listed below to enhance your understanding of the topics addressed.
Marine Industries Association of South Florida
Customs and Border Protection
This blog discusses Season 3, Episode 2 of the Wards Way podcast, available for listening or viewing on YouTube and various streaming services. Simply search for Wards Way and remember to subscribe.
