US Customs and Border Protection has issued a statement clarifying the status of yacht crew with B1 visas.
The clarification comes after a talk at the Palm Beach International Boat Show that included a CBP manager. The talk, widely shared on social media, created confusion about whether non-US crew could work on foreign-flagged vessels while in drydock.
As industry confusion grew, CBP officials met with industry representatives including from the Marine Industries Association of South Florida. A subsequent statement, released on April 15, seeks to clarify the CBP stance. It reads:
“CBP assess each applicant for admission on a case-by-case basis. A foreign national with a valid unexpired passport and B1 nonimmigrant visa (unless otherwise exempt) who maintains a foreign residence may be admitted to the US to serve as a private vessel crewmember … providing:
- The individual has a contract to work on a private vessel.
- The crewmember maintains a foreign residence they do not intend to abandon.
- The crewmember will perform “traditional” crew duties necessary for the normal ongoing operations of the vessel.
- The crewmember’s movement on board the vessel is connected to the vessel’s international arrival, departure, or both. For example, the crewmember is serving or joining a private vessel which is arriving from foreign or departing foreign during their period of admission to the US.
Non-immigrant crewmembers may not perform any major repair, refits, or shipyard work while their vessel is undergoing dry dock maintenance at a US shipyard unless otherwise permitted.
While a private vessel is in dry dock, crewmembers may perform the routine repairs and maintenance to the vessel they would normally undertake in the course of their duties when the vessel is not in a shipyard.
Are you worried about your work status or the work status of members of your crew? We want to hear from you; email erik@dockwalk.com.