Yes, non-American crew can work on superyachts in U.S. shipyards. This, straight from U.S. Customs and Border Protection (CBP) officials in Florida and Washington, D.C. The belief otherwise resulted from statements during a seminar last month at a boat show.
Specifically, at the Palm Beach International Boat Show, the Superyacht Pavilion seminar series included an open-forum discussion with CBP officers. A variety of yacht captains, yacht managers, and yacht agents attended, for instance, as did media and more. An attendee asked whether foreign superyacht crew, who obtain B1/B2 visas, could work on a yacht in a yard. “They just can’t physically work on drydock,” the officer replied. “They can oversee something and they can supervise it, but they can’t do the physical labor.” He added that either a shipyard worker would need to do it or the crewmember would need a work authorization. When the questioner asked if this meant crewmembers couldn’t perform their usual duties, the officer responded that he didn’t believe it was permitted.
The conversation, shared in part on social media as a video, went viral. Some users of online captains’ and crew forums misrepresented the details even more, too. In fact, one user posted, “Important for ALL yacht crew: Non-U.S. crew CANNOT work on U.S.-flagged vessels in U.S. waters – even if paid through a foreign bank. If caught, you WILL be deported.” The poster further added, “B1 visa holders can only work on foreign-flagged vessels.”
Because of the widespread uproar and confusion, a variety of American yachting trade associations and professionals arranged a meeting with CBP. The associations included the Marine Industries Association of South Florida and the U.S. Superyacht Association. Among the individuals, maritime attorneys, yacht agents, shipyard representatives from Florida to Georgia, and crew agents attended. CBP officers, meanwhile, were from across South Florida and Washington, D.C. During the meeting and subsequently in writing, officers confirmed that non-American crew can work on superyachts in U.S. shipyards.
“CBP assess each applicant for admission on a case-by-case basis,” according to the agency. However, as long as a foreign crewmember has a valid passport and B1 visa, he or she can perform customary duties. Specifically, “While a private vessel is in dry dock, crewmembers 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.” Of course, the crewmember simultaneously needs to have a contract with that particular yacht.
CBP further clarifies, “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.” The permission can come from the shipyard itself, the agency notes.
Finally, since 2019, U.S. law has permitted B1 visa holders to work aboard any yacht regardless of flag in U.S. waters.
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