Department of Homeland Security adds 180-day entry categories for foreign crew who transfer liquid cargo between ships
As of our last check on November 3, 2026, this is in effect, since August 11, 2026.
We check the Federal Register daily for later actions. We check federal court opinions for rulings on published rules weekly, on Mondays. A ruling can take time to reach us, so not finding one here does not mean there is none.
In short
- What changed
- The Department of Homeland Security (DHS) added two categories, C-4 (transit) and D-3 (crew landing), for foreign crew who perform ship-to-ship liquid cargo transfers, with stays of up to 180 days and no extensions. U.S. Customs and Border Protection (CBP) will admit these crew under the new categories instead of paroling them case by case.
- Who's affected
- Foreign crew members who do lightering, and the vessel operators that use them, mainly in shipping of crude oil and natural gas. Other foreign crew keep the existing 29-day limits.
- What to do
- This rule creates no new duties for employers. Companies that crew lightering vessels may want to plan crew rotations around the 180-day limit and stop relying on parole for these workers.
What changed
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From the sourceSUMMARY
The Energy Security and Lightering Independence Act of 2022 amended the nonimmigrant classifications for aliens in transit (C) and for aliens serving as crewmen (D) to include individuals who perform ship-to-ship liquid cargo transfer operations to or from another vessel engaged in foreign trade (lightering).
Also: SUMMARY
This rule amends Department of Homeland Security (DHS) regulations to conform to these statutory changes and make related technical amendments.
The rule updates DHS immigration regulations to match the Energy Security and Lightering Independence Act of 2022, which added foreign crew who perform ship-to-ship liquid cargo transfers (lightering) to the transit and crew categories.
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From the sourceII.A.1. Amendments to 8 CFR 214.1 To Include New Subclassifications
A nonimmigrant described in section 101(a)(15)(C)(iii) of the INA is designated as a C-4 nonimmigrant, and a nonimmigrant described in section 101(a)(15)(D)(iii) of the INA is designated as a D-3 nonimmigrant.
Lightering crew in transit are designated C-4, and lightering crew granted temporary landing are designated D-3.
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From the source8 CFR 214.2(c)(4)
An alien of the class defined in section 101(a)(15)(C)(iii) of the Act may be admitted for a period not to exceed 180 days.
Also: 8 CFR 252.1(d)(3)
A period of up to 180 days if the crewman intends to depart, within the period for which the crewman is permitted to land, on the same vessel or on a vessel or aircraft other than the vessel on which the crewman arrived
Also: III.B, Table 1
All other crew will retain the 29-day period.
C-4 and D-3 crew may stay up to 180 days. All other crew keep the 29-day period.
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From the sourceII.A.1. Amendments to 8 CFR 214.1 To Include New Subclassifications
the period of admission for these classifications is limited to the maximum of 180 days, and aliens in these classifications are not eligible for extension of stay.
C-4 and D-3 crew cannot extend their stay beyond the 180-day maximum.
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From the source8 CFR 214.1(e)(3)
A crewman, admitted in transit in the C-4 class or granted temporary landing in the D-3 class, who is performing ship-to-ship liquid cargo transfer operations ... is not, for immigration purposes, performing services, work, labor, or employment within the United States.
Lightering work by C-4 or D-3 crew is not, for immigration purposes, services, work, labor or employment within the United States.
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From the source8 CFR 252.1(f)
A crewman granted temporary landing privileges under paragraph (d)(3) of this section ... does not require an application on Form I-408 to do so.
D-3 crew may leave on their arrival vessel or on another vessel or aircraft without filing Form I-408.
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From the sourceI.B. Treatment of Lightering Crewmen Prior to ESLIA
CBP historically exercised its discretionary parole authority on a case-by-case basis to permit certain lightering crewmen to enter the United States.
Also: III.B. Executive Orders 12866, 13563, and 14192
will no longer use the process of parole to allow lightering crew to enter the United States.
CBP previously let lightering crew in through case-by-case parole. It will no longer use parole for them.
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From the sourceII.B. Technical Amendments
This rule also makes three technical amendments to DHS's regulations relating to crewmen to correct inaccurate cross-references.
The rule also fixes three outdated cross-references in the crew regulations.
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From the sourceIII.A. Administrative Procedure Act
DHS finds that prior notice and comment are unnecessary under 5 U.S.C. 553(b)(B).
Also: III.A. Administrative Procedure Act
DHS finds good cause to waive the 30-day delayed effective date requirement under 5 U.S.C. 553(d)(3).
DHS issued the rule without a prior public comment period and made it effective immediately instead of after 30 days.
Who is affected
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From the sourceIII.C. Regulatory Flexibility Act
In addition, the rule directly regulates individuals rather than small entities.
The rule directly regulates individual crew members, not businesses.
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From the sourceFootnote 4
Pursuant to ESLIA, non-lightering alien crewmen may continue to seek admission as a C-1 transit nonimmigrant or temporary landing privileges as a D crewman nonimmigrant
Foreign crew who do not perform lightering continue to use the existing C-1 transit and D crew categories.
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Our analysisIII.B. Executive Orders 12866, 13563, and 14192
as lightering is a vital industry and relies on foreign workers
Also: I.B. Treatment of Lightering Crewmen Prior to ESLIA
particularly those involving the movement of liquid petroleum and natural gas
The employers with an interest are vessel operators that use foreign crew for lightering, mainly in moving petroleum and liquid natural gas.
What it means in practice
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From the sourceIII.B. Executive Orders 12866, 13563, and 14192
These amendments will have no time savings or costs to the public.
Also: III.D. Paperwork Reduction Act
There is no information collection associated with this final rule, so the provisions of the PRA do not apply.
DHS says the changes bring no time savings or costs to the public and involve no information collection.
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Our analysisIII.B. Executive Orders 12866, 13563, and 14192
When the statute entered into effect, CBP amended its policy and now admits lightering crew into a C-4 class (or grants temporary landing in the D-3 class) when applicable.
Day-to-day practice may change little: CBP already began admitting lightering crew as C-4 or D-3 when the law took effect, and the rule writes that practice into the regulations.
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Our analysisI.C. The Energy Security and Lightering Independence Act of 2022 (ESLIA)
after obtaining the appropriate visa from the Department of State (or qualifying for a visa exemption), may seek admission or temporary landing privileges for a period of up to 180 days
Also: II.A.1. Amendments to 8 CFR 214.1 To Include New Subclassifications
imposing penalties on any crewman who willfully remains in the United States in excess of the number of days allowed
Since parole is no longer used, lightering crew need the right visa from the Department of State (or a visa exemption) before arrival, and their stays must fit within 180 days with no extension.
What to do
Required
The rule creates no new requirements for employers. It sets entry and landing terms for individual crew members, and DHS says the changes do not impose new obligations.
Worth considering
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Our suggestionII.A.1. Amendments to 8 CFR 214.1 To Include New Subclassifications
the period of admission for these classifications is limited to the maximum of 180 days, and aliens in these classifications are not eligible for extension of stay.
Consider planning lightering crew rotations so each crew member leaves within 180 days, since C-4 and D-3 stays cannot be extended.
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Our suggestionIII.B. Executive Orders 12866, 13563, and 14192
will no longer use the process of parole to allow lightering crew to enter the United States.
Consider updating any internal crewing or immigration procedures that still assume lightering crew enter through parole.
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Our suggestion8 CFR 252.1(f)
A crewman granted temporary landing privileges under paragraph (d)(3) of this section ... does not require an application on Form I-408 to do so.
Consider telling crew managers that D-3 crew leaving on a different vessel or aircraft no longer need a Form I-408 application.
Open questions
The source leaves these open. We'll update this record if a later document answers them.
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Does the rule change any employment eligibility verification steps for employers of C-4 or D-3 lightering crew?
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Does the statement that lightering is not employment within the United States apply outside immigration law, such as for tax or wage purposes?
Related changes
History
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Regulatory Changes Required by the Energy Security and Lightering Independence Act of 2022 Source (opens in a new tab)