Seven Questions Crew Have about U.S. Visas

Dec 17th 08

By Christina Bridge

Confusion continues to reign over the issue of U.S. visas for non-American crew. A captains' briefing held by the U.S. Superyacht Association in conjunction with the Marine Industries Association of South Florida (MIASF) at the Fort Lauderdale show tackled this topic among others. Representatives from top levels of the U.S. Coast Guard, CPB, Dept of Homeland Security and Office of the Consular, The Bahamas, were on hand to field questions by captains and crew. The questions asked were:

1. Which visa do I need?
The correct visa to apply for as non-U.S. private yacht crew on a foreign-flagged private vessel is the B1/B2 multiple entry non-immigrant visa. For crew who have been admitted to the U.S. on a B2 (tourist) visa and are looking for work, if you do get employed, you will have to re-apply to have your status changed to admittance on a B1 visa.

2. What do I need to apply?
Ideally, you already have a job, are in your own country of residence and have all the necessary paperwork from the vessel that is about to employ you. This should comprise a letter from the yacht stating the position you are going to be employed as, the name of the yacht, the yacht’s flag and official number, USCG clearance, a crew list and documentation that the vessel is private. Any other documentation proving that you have stronger ties to your home country than the U.S. will help your application. It's interesting to note that the yacht's home port should not be in the U.S. (proof may be required) as it's illegal to employ foreign crew without proper work visas on these vessels.

3. What’s a C1/D visa?
Often the Consular office will want to issue you a C1/D visa; this visa is primarily for crew on commercial vessels like cruise ships, or vessels that will not be in U.S. waters for longer than 29 days at one time. If this applies to the vessel that you will be employed on, then you may be issued both the C1/D and B1 visa.

4. How long will I be admitted for?
Depending on the immigration officer, you will receive anything up to six months’ stay, which is the maximum. If you believe that you will be in the U.S. longer, you must apply for an extension, which is done online through the USCIS at www.uscis.gov. Allow at least 45 days before the visa entry stamp expires to file the application. Most crew fly out of the country for a couple of days to reset their time, but there are no guarantees that you will be admitted again.

5. Once I have my B1 visa, can I leave one vessel and join another?
Though widely practiced, this is actually illegal, as the initial B1 visa was issued specifically for employment on the yacht for which you applied. What you should do is leave the country and come back in with all the relevant paperwork stating that you are now employed on a new vessel.

6. What should I do when I leave my current employment?
It's up to you to tell Customs and Border Patrol (CBP) that you are no longer employed with the vessel. They may let you stay on your B2 (tourist visa). It's not the captain’s responsibility to inform CPB that a crewmember is no longer employed on the vessel, though it may be prudent to do so.

7. What if I’m coming to the U.S. to study?
Neither the B1/B2 nor C1/D visas allow you to study in the U.S. Unfortunately, there is no specific visa for maritime training. Don’t even mention that you are coming in to do your STCW ’95 or other course to the immigration officer; it puts you in danger of not being admitted.

Do you have any other questions about a U.S. visa? Join our forums.

Tags: Essentials Policy Regulations

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9 Comments

Ms. M,
I can definitely empathize with any woman who has faced a bunch of obnoxious yachties, especially male yachties--no matter where they are from. As you know, it takes all kinds to be jerks and lazy. But in my experience, I've met more lazy internationals than Americans simply because they are among those who dominate this crew industry, pure and simple.

I sincerely hope you don't mistake my "crassness" on this board as if I'm like this on yachts. Good Lord, my behind would be kicked off pronto. I've met American, SA, Aussie, European guys [and cpts] who can be pretty crass and obnoxious about those they choose to take issue with, especially about women. But that's young and/or feeble minded folks all around. Not to say that about all young men and women in this biz. Perhaps if there were more periodic crew meetings on yachts, big or small, there would be less drama, laziness, and turnaround issues. Can I get an amen, party people?

I believe most Americans have never sued for anything, although some Americans are not willing to tolerate certain violations if it pertains to their rights. The rhetoric many internationals use to not hire Americans is just a selfish sham...nothing more. I say to those yachties, Nice Try. Which will be the name of my 200 ft yacht in the future ;).
Posted by Debbie 21/12/2008 23:25:20
Yes, Crew Confessor,
I, too, am sorry about my unfortunate issues with this industry. But I've never conveyed that this industry is all bad, of course not. I've had plenty of good times and good money while meeting some really nice folks--so please don't get me wrong, and don't mistake me for an alcoholic/drug user or having a mood disorder as maybe some of your acquaintances may have shown you.

After reading your post, you only remind me of the lack of quality in this biz..including those who do engage in drugs...which seem to plague this biz quite a bit. Maybe people like myself wouldn't have to come across as "rabid" or cantankerous if there were more professional, educated, and diplomatic people in the crew industry. All I've ever wanted to do is *My Job* while being respectful and provide assistance to guests and crew. That and maybe a better living, new friends, and some fun in the sun. I began to see these issues with discrimination/illegal employment since the START of my career...not since I've been "blabbing" about it. By now, of course, I've suffered some retaliation which is what I expect from people who aren't smart enough to do the right thing when recruiting yachties. I have ALWAYS embraced the internationality of this industry, but I've grown tired of always seeing SAs, Aussies, and Kiwis on these exclusive, good paying and "fun" yachts, while I and other Americans have had to scavenge for yacht work--this SINCE the beginning of my career. It's not right, and it's called Discrimination via Illegal Gainful Employment, baby. Fight the Power- American yachties! [sigh] I need a beer :).
Posted by Debbie 21/12/2008 22:48:23
Honey, the discrimination I have faced in this industry has been at the hands of Americans, yes Americans except for maybe one exception and I simply can't remember the accent on the other end of the line.

My non-American friends trust me enough to honestly say that they don't like working with Americans because they are lazy. Also, Americans are a liability on foreign flag boats simply because they have a tendency to sue at the drop of a pin and therefore insurance companies don't want them on boats.

Hope you can find peace of mind with yourself and with whatever has caused you to be so angry. May you find it in the coming year. Life has so much more and you have so much more to offer.
Posted by Yachtie M 20/12/2008 16:31:53
Oh Debbie,
I am sorry you have had such a bad experience working in this industry. It is not for everyone and it seems that it and you are not a good match. I suggest you take your considerable energy and direct it toward another career. Unfortunately I am at a loss of what that career may be, but I do have a suggestion and that is a stay in a 90 day rehabilitation facility to start.

I sense that your issues may be alcohol centric or even more mentally biased, bi-polar perhaps?

Not the sort of thing that works well on a yacht, regardless of nationality. Yes, take a powder, but get some help. Working and living with people of different cultures/nationalities IS one of the great benefits of yachting, I guess you haven't figured that out. The cool thing is that if you're lucky enough to work on a yacht with people from different countries and then you are ALL lucky enough to travel to different countries none of you has ever been... then it is very cool to help each other out and enjoy each other's perceptions of a new place.

Embrace the differences between us and learn and have a LAUGH! Work hard and realize that many of those Aussies, Kiwis, and South Africans have had to work very hard, saved their money for a LONG time just to get a chance to work on a yacht. In the case of the South Africans it has been even harder for them. As opposed to an American who collects a few hundred bucks together and hops on a Jet Blue flight, takes the STCW95 and whines if he doesn't get a 35k job in two weeks.

Sounds to me Debbie that you are crying sour grapes because you are getting beat out for jobs in "your own backyard" and don't seem to understand that it has nothing to do with nationality. Reflect on it. Work on it. Change course entirely or reset your sails.
Posted by Crew Confessor 20/12/2008 06:46:09
Ms. M, I think any of us, American or from outside the States, can agree with your points on discrimination and attitude issues. As far as my attitude goes, I can boldly say that I AM one of the nice people in the biz... by now with SOME BITE or rather, bark depending on how you want to take it. When it comes to working on a yacht, I've almost always been very congenial and professional to crew...especially to all guests and owners no matter how cantakerous and demanding they may be. I'm sure most of us crew know the importance of keeping a professional and positive demeanor while working.

I understand that many in this biz will want to deem folks like me as being naive, crazy, and just plain wrong in order to validate their position over "certain" folks in this biz. Mind you, there will always be people like me crying foul at what goes on [and on] in this industry with respect to nationality, gender, age, and race...and oh yes, illegal immigration. Ms. M, I think you are naive about what constitutes illegal immigration.

The crew industry in it's current stage is largely based upon ILLEGAL immigration [the industry's bread and butter], whether in the Med or in the US region...because the two groups entering the crew force [usually without proper work visas in the proper process] for the past 20 years or so have been SAs and Aussies- neither who are American or European.

I've met a lot of nice Aussies, but if people in this industry assume that anyone should allow ANYone to continue to displace Americans in the US via discrimination and illegal gainful employment without crying foul, they don't know a thing about myself or 300 million Americans who have yet to find out about this industry and what actually goes on. [con't]
Posted by Debbie 19/12/2008 22:30:59
With respect to illegal gainful employment in the States, I'm not taking my issue so much with illegal aliens who are typically South African, Australian, Kiwi, and British entering the states without proper work visas. My issue is more with the disgraceful and money hungry-smooging recruiters, brokers, captains [cpts who are foreign Anglo Nationals who tend to discriminate against Americans A LOT], and yacht owners, especially "cheap" American yacht owners...who think it's better to fly a foreign flag and who are ALSO too ignorant to realize that a Britishy or Aussie accent has nothing to do with quality and service. As if. Don't get me started on how many times I've had to clean up after foreign crew and chief stews who did not know to detail a toilet or exterior to save their lives. I'm not saying all or most are like that...but British or any other does not equal Quality. Word to the Wiseless.

You as an American are NOT dealing with adversity/discrimination via Americans' "attitudes" so much as you're dealing with adversity/discrimination by [many] illegal aliens who have now dominated the industry [special thanks to Americans who enjoy flying foreign flags] who rather hire people like "themselves" other than Americans. I guess many realize, no matter how they may like to put it, Americans like myself are less willing to tolerate various adversities along with a sometimes very Anglo/British indifferent mindset. My advice for folks who have done so: pull the Aristocratic stick out of your bum while you're working for Americans and with Americans. Americans and other nationals need to learn to respect eachother's differences, ABSOLUTELY. Some Americans tend to have more depth in their character, which can be misconstrued as something negative or ignorant. That doesn't mean they fail to provide top knotch service to owners and guests.
Posted by Debbie 18/12/2008 23:38:57
One of the reasons non-Americans DO NOT WANT TO WORK WITH AMERICANS or even Hire Americans is their work attitude. Unfortunately, your attitude (especially the 'kiss my big American auss) is making it harder for me, as an American, to work with non-Americans, which is one of the reasons I got into this industry - to work and get to know people from other countries than the US.

I think you're mixing up the issue of non-Americans working on boats with visa versus illegal immigrants working in this country. And the topic of this editorial is answering basic questions about what visa for what.

Debbie, I'm sorry you've had such a hard time in this industry. So have I having gotten started much later in life than the average crew. But everyone has faced discrimmination in this industry: you're not young enough, your British/Aussie/American/Not American/female/male, you don't drink, you don't go to Waxy's, you don't look like you'll be fun to work with, you won't perform in bed for the captain (and I've heard of a female captain who hires her male crew according to that standard). You name it and it will be a reason. Life isn't fair and in this industry you are more likely to be hired for very personal reason than professional reasons. But getting angry and blaming everyone else for it doesn't change that and personally, I'm not willing to let that get in the way.

Now if you want to delve into the issue of illegal immigrants working in this country, I'd suggest doing it without insulting, attacking or blaming and you just might get your point across and make a difference. I sincerely wish you good luck in your endeavor
Posted by Yachtie M 18/12/2008 16:49:44
Disclaimer: the PS message is for those who knowingly hire illegal aliens on yachts.

For anyone who thinks that my posting is irrational and unfounded, then I guess we are not on the same page when it comes to what actually goes on here in South Florida and other parts of the US. This issue with illegal gainful employment has to be resolved, and it's my hope that ICE will finally find a way to do something about this issue..hopefully soon.
Fight the Power American Yachties.
Posted by Debbie 17/12/2008 22:31:55
So Dockwalk. Why is it that most of those unemployed yachties in the South Florida area are non American? Why do they continue to obtain employment illeglly?

Why do we allow this? I even regret ever helping [precariously without knowledge] anyone from outside the US getting daywork as I did this past year.

Why does ICE allow this? Because of the economical and political implications involved for one. That and no one is willing to do the right thing to protect American candidates. And why is that? Many fail to respect Americans for being Americans.

All the while, American candidates, particularly male candidates, deal with intense discrimination by Anglo internationals from outside the states. Shame on Recruiters, Brokers, Cpts, and Yachtowners for allowing this illegal practice to continue..and for perpetuating these creeps in making a good living illegally.

And oh yes...I only plan on making even more YouTube vids about it. I'm sure some of you at DW already know who I am and about my vids. I may face more retaliation over this, but I already did face this discrimination [esp with megayachts] when I began my career in yachting as an American. SHAME ON ANY OF YOU who have allowed and participated in this kind of illegal employment and discrimination against Americans.

ps: you can kiss my big American auss for all I care at this point.
Posted by Debbie 17/12/2008 21:59:19