The Federal Register published a ruling this week by the Department of State regarding the elimination of crew list visas due to security reasons.  This rule (67 FR 76711) is adopted as a final rule effective July 21, 2004 after a 60-day provision for post-promulgation public comments and review. 

A crew list visa (Section 221(f) of the Immigration and Nationality Act) exempts aliens serving in good faith as crewmen on board a vessel or aircraft from being considered immigrants.  Subject to approval by a consular officer, this visa permits an alien to enter the United States on the basis of a crew manifest.  The original intent of §221(f) was as a temporary or emergency measure only to be used until individual documents could be issued to each member of a crew. 

Because of increased security concerns, the elimination of the crew list visa will ensure that each crew member entering the United States will complete the nonimmigrant visa application forms, present a valid passport, and go through an interview and background check.  Also, all visas issued after October 26, 2004 must have a biometric indicator. 

The State Department received 100 comments in opposition to the rule change.  Almost all of the opposing remarks were about the extensive length of time waiting to receive a U.S. visa and the special circumstances of a vessel’s crewmember not having advance knowledge of his/her schedule.

While the State Department recognizes these issues, officials believe that shipping companies and unions will encourage their associates to get a visa if there is a possibility that the associate may be required to enter the United States.  Once the visa is obtained, it is generally valid for five years.  This length of time will certainly cover most, if not all, of the crewmembers of companies that ship to the U.S.

For further information, contact the Legislation and Regulations Division, Visa Services, Department of State at (202) 663-1205.

You may also view this rule online at http://www.regulations.gov/