Recently, the Marine Industries Association of South Florida held a seminar during the Palm Beach Boat Show, with representatives from U.S. Customs & Border Protection (CBP) in attendance. During a Q&A session, responses to questions from one of the CBP officers were widely distributed on social media, creating a false narrative regarding yacht crew serving aboard U.S.-flagged vessels and foreign crew carrying out work on their yachts during dry dock periods.
Subsequently, a meeting was held between CBP and prominent industry representatives, including managers, captains, and attorneys. This was a hugely successful meeting where several key topics were clarified.
A major part of the social media misinformation pertained to the claim that no foreign yacht crew could continue working aboard while their yacht was in dry dock. The officer at the show was mistaken in his statement. In fact, foreign crew are permitted to continue working aboard at any time during shipyard periods — dry docked or not — as long as they are performing normal work or maintenance aboard and not working ashore.
Another hot topic was the ability for foreign crew to work aboard U.S.-flagged vessels. Six years ago, the reference to “foreign-flagged yachts” was removed from the FAM (Foreign Affairs Manual) B1 visa directive. Since then, foreign crew have been allowed to work on U.S.-flagged vessels, provided:
● The yacht is registered as a private yacht
● Crew are paid by a non-U.S. company (such as PYC Cayman)
● The crew member can prove they are a tax resident of their home country
Of course, they must also adhere to the entry and departure restrictions of their B1 visa and I-94. The only restriction is that anyone filling an officer’s position must hold a relevant USCG license, and therefore those positions must be held by U.S. citizens or Green Card holders.
A few additional notes:
● If a crewmember on a B1 visa finishes their employment aboard a vessel, they may not join another vessel before first departing the U.S. and then reentering.
● Regarding dayworkers, captains are encouraged not to hire casual (foreign) labor. If absolutely necessary, the person should be hired as a temporary crewmember with a short-term Seafarer Employment Agreement.
● Any crew working aboard a yacht in the U.S. on a B1 visa should be able to prove
residency outside the U.S. and that they intend to return home. Proof can include a utility bill or similar documentation. It is also highly recommended that crew on B1 visas retain most of their savings outside of the U.S.
In Summary:
● No changes have been made to the validity or use of the B1/B2 visa for foreign yacht crew working aboard yachts — whether U.S.- or foreign-flagged.
● It was also clarified that no crew have been or would be deported for visa-related issues unless they overstay their I-94 admission period. Even in such cases, the individual would be asked to leave the U.S., not deported.
● Here is the letter direct from CBP
