Overview : D (Crewmember) Visas
Posted Oct 06, 2000, updated Mar 25, 2005
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This article is another in our series presenting an overview of U.S. immigration law. We continue with the nonimmigrant (temporary) visa categories, the next one being the "D" category: Crewman (crewmember).
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Traditionally, immigration law did not apply to seamen. When Congress found that many foreign nationals were landing illegally as seamen, however, new laws were implemented. Whereas the initial laws applied to "seamen" on ships, the development of air transportation forced an expansion of the regulations to include "airmen."
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A crewmember is defined as a person serving in good faith in any capacity required for normal operation and service onboard a vessel or aircraft, who intends to land temporarily and solely in the pursuit of his calling as a crewmember and to depart from the United States with the vessel or aircraft on which s/he arrived or some other vessel or aircraft. In determining whether the services of a foreign national are required for normal operation and service onboard a vessel or aircraft, the consular officer takes into account the person's responsibilities and activities on the ship. In addition, it is immaterial whether the person is employed by the owner of the vessel or by a concessionaire.
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The following types of visa are available under this category:

• Individual D visa;

• D-1 visa for crew on all types of vessels except U.S.-based fishing vessels; and

• D-2 visas for U.S.-based fishing vessels temporarily visiting Guam.

In order to be admitted under the D category, the foreign national must make an application before an immigration officer, present documentation, be photographed and fingerprinted, establish to the satisfaction of the immigration officer that s/he is not subject to exclusion under any provision of the law, and is entitled clearly and beyond doubt to landing privileges in the United States. The maximum period of admission under this category is 29 days. Moreover, extensions of stays or changes of status are not allowed.
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Miscellaneous issues regarding D classification :
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There is no distinction between a U.S. and a foreign flag vessel; therefore, a foreign national may be accorded a D visa regardless of the nationality of the vessel on which s/he is employed, provided that all the requirements for D classification are met.
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A crewmember traveling to the United States as a passenger to join a vessel or aircraft is admissible under C-1 classification, rather than a D.
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A foreign national may be issued a D visa although s/he is not employed at the time of the application for the visa.
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In order to affect a departure from the United States, a vessel must sail from the United States destined to a foreign port or place. Travel to international waters is insufficient to constitute a departure.
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Foreign nationals entering the United States as trainees on training vessels can also qualify for the D classification.

© The Law Office of Sheela Murthy, P.C.