Sure, non-American crew can work on superyachts in U.S. shipyards. This, straight from U.S. Customs and Border Safety (CBP) officers in Florida and Washington, D.C. The assumption in any other case resulted from statements throughout a seminar final month at a ship present.
Particularly, on the Palm Seashore Worldwide Boat Present, the Superyacht Pavilion seminar collection included an open-forum dialogue with CBP officers. A wide range of yacht captains, yacht managers, and yacht brokers attended, for example, as did media and extra. An attendee requested whether or not overseas superyacht crew, who acquire B1/B2 visas, may work on a yacht in a yard. “They only can’t bodily work on drydock,” the officer replied. “They’ll oversee one thing and so they can supervise it, however they’ll’t do the bodily labor.” He added that both a shipyard employee would wish to do it or the crewmember would wish a piece authorization. When the questioner requested if this meant crewmembers couldn’t carry out their standard duties, the officer responded that he didn’t imagine it was permitted.
The dialog, shared partly on social media as a video, went viral. Some customers of on-line captains’ and crew boards misrepresented the main points much more, too. Actually, one consumer posted, “Essential for ALL yacht crew: Non-U.S. crew CANNOT work on U.S.-flagged vessels in U.S. waters – even when paid via a overseas financial institution. If caught, you WILL be deported.” The poster additional added, “B1 visa holders can solely work on foreign-flagged vessels.”
Due to the widespread uproar and confusion, a wide range of American yachting commerce associations and professionals organized a gathering with CBP. The associations included the Marine Industries Affiliation of South Florida and the U.S. Superyacht Affiliation. Among the many people, maritime attorneys, yacht brokers, shipyard representatives from Florida to Georgia, and crew brokers attended. CBP officers, in the meantime, have been from throughout South Florida and Washington, D.C. Through the assembly and subsequently in writing, officers confirmed that non-American crew can work on superyachts in U.S. shipyards.
“CBP assess every applicant for admission on a case-by-case foundation,” in line with the company. Nonetheless, so long as a overseas crewmember has a sound passport and B1 visa, she or he can carry out customary duties. Particularly, “Whereas a non-public vessel is in dry dock, crewmembers could carry out the routine repairs and upkeep to the vessel they’d usually undertake in the midst of their duties when the vessel just isn’t in a shipyard.” After all, the crewmember concurrently must have a contract with that individual yacht.
CBP additional clarifies, “Non-immigrant crewmembers could not carry out any main restore, refits, or shipyard work whereas their vessel is present process dry dock upkeep at a U.S. shipyard until in any other case permitted.” The permission can come from the shipyard itself, the company notes.
Lastly, since 2019, U.S. legislation has permitted B1 visa holders to work aboard any yacht no matter flag in U.S. waters.
