D-Visa

D-visas apply to crewman, who is a person serving in good faith in any capacity required for normal operating and service on board a vessel. Those who are eligible to receive a D-visa include:

1. People employed by owners or concessionaire (e.g., beautician).
2. Trainees.

Those who are ineligible for D-visa status include:

1. Persons on U.S. based fishing vessels, except for those landing temporarily on Guam. 9 FAM 41.41 N.6.
2. Persons not needed for normal operation or where numbers are in excess. 22 C.F.R. §41.41(b)
3. Persons performing longshoreman’s work unless it is prevailing practice, which is that established by a collective bargaining agreement or employer attestation if no agreement, and there is reciprocity for crewman aboard U.S. vessels, or it is being done by automated equipment. INA §258, 8 U.S.C. §1288; 8 C.F.R. §258, 22 C.F.R. §89 (containing reciprocity list).
4. At least one court has relied upon three factors to determine alien crewman status:
5. the nature of the employee’s duties.
6. when those duties are performed.
7. whether any employee has a permanent connection with the ship, and whether their presence facilitates the operation of the vessel. «ILWU v. Meese, 891 F.2d 1374 (9th Cir. 1989)» [Finding that on-board crane operators are not bona fide alien crewmen].

There are two types of D-visas–Traditionally there were two methods of obtaining D visas: Individual D visas (22 C.F.R. §41.41(a)) or crew list visa (all members of crew listed on manifest 22 C.F.R. §41.42). Crew list visas have been eliminated for security reasons. 69 Fed. Reg. 12797-99 (Mar. 18, 2004); 69 Fed. Reg. 43515-16 (July 21, 2004). D-1 visas 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.