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INA §101(a)(15)(D)
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:
- People employed by owners or concessionaire (e.g., beautician).
- Trainees.
Those who are ineligible for D-visa status include:
- Persons on U.S. based fishing vessels, except for those landing temporarily on Guam.
- Persons not needed for normal operation or where numbers are in excess.
- 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.
- At least one court has relied upon three factors to determine alien crewman status:
A. the nature of the employee’s duties.
B. when those duties are performed.
C. whether any employee has a permanent connection with the ship, and whether their presence facilitates the operation of the vessel.
Types of D- Visas
There are two types of D-visas--Traditionally there were two methods of obtaining D visas: Individual D visas or crew list visa .Crew list visas have been eliminated for security reasons. 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.
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