News

The U.S. Superyacht Association sat down with  U.S. Customs & Border Patrol (CPB) officials this month to clarify widespread speculation and misunderstanding of what foreign/non-immigrant crew can do while onboard a vessel undergoing shipyard repairs. To clarify any confusion, the CBP’s Assistant Director for Border Security in the Miami and Tampa Field Offices issued the following statement.

“CBP assess each applicant for admission on a case-by-case basis. A foreign national with a valid unexpired passport and B1 non-immigrant visa (unless otherwise exempt) who maintains a foreign residence may be admitted to the U.S. to serve as a private vessel crewmember (see 9 FAM 402.2-5(C)(5)), providing:

• The individual has a contract to work on a private vessel.
• The crewmember maintains a foreign residence they do not intend to abandon.
• The crewmember will perform “traditional” crew duties necessary for the normal ongoing operations of the vessel.
• The crewmember’s movement onboard the vessel is connected to the vessel’s international arrival, departure, or both. For example, the crewmember is serving or joining a private vessel which is arriving from foreign or departing foreign during their period of admission to the U.S.

CBP goes on to say, “While a private vessel is in dry dock, crew members may perform the routine repairs and maintenance to the vessel they would normally undertake in the course of their duties when the vessel is not in a shipyard. Non-immigrant crewmembers may not perform any major repair, refits, or shipyard work while their vessel is undergoing dry dock maintenance at a U.S. shipyard unless otherwise permitted.”

In addition, USSA board members spoke with CBP officials on the West Coast who echoed the same provisions.

“Major repairs and refits are high risk work that’s required by the State of California to be environmentally permitted, properly insured and executed safely and appropriately,” said Marine Group Global Services Director of Superyacht Services and USSA Southwest Region Chair Dawn Stofberg.  “Our San Diego shipyard has a library of permits and a whole compliance and safety department to ensure that we are welding, painting and operating heavy-duty equipment in accordance with the law. It’s safe practice, good for the environment and yacht customers benefit from the high quality work that comes with it.”

Marine Group Boat Works has been a USSA member since 2008 and members of its leadership team have held the Southwest Region Chair position since 2018.  It is a superyacht repair and refit facility with two waterfront facilities in San Diego and Cabo and hauls approximately 400 vessels a year up to 820 tons, one third of which are yachts more than 75’.  Its new Global Services division provides yacht agent services including customs clearance, pilotage, dockage, crew placement and provisions.  For more information about its ship agent services, contact Dawn Stofberg at agent@mgglobalservices.com or call 619-704-2550.