[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR41.42]

[Page 188-189]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 41--VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED--Table of Contents
 
                 Subpart E--Crewman and Crew-List Visas
 
Sec. 41.42  Crew-list visas.

    (a) Definition. A crew-list visa is a nonimmigrant visa issued on a 
manifest of crewmen of a vessel or aircraft and includes all aliens 
listed in the manifest unless otherwise stated. It constitutes a valid 
nonimmigrant visa within the meaning of INA 212(a)(7)(B)(i)(II).
    (b) Application. (1) A list of all alien crewmen serving on a vessel 
or aircraft proceeding to the United States and not in possession of a 
valid individual D visa or INS Form I-151, Alien Registration Receipt 
Card, shall be submitted in duplicate to a consular officer on INS Form 
I-418, Passenger List--Crew List, or other prescribed forms. The 
duplicate copy of Form I-418 must show in column (4) the date, city, and 
country of birth of each person listed and in column (5) the place of 
issuance and the issuing authority of the passport held by that person. 
For aircraft crewmen, the manifest issued by the International Civil 
Aviation Organization (ICAO) or Customs Form 7507, General Declaration, 
may be used in lieu of Form I-418 if there is adequate space for the 
list of names.
    (2) The formal application for a crew-list visa is the crew list 
together with any other information the consular officer finds necessary 
to determine eligibility. No other application form is required.
    (3) The crew list submitted should contain in alphabetical order the 
names of those alien crew members to be considered for inclusion in a 
crew-list visa. If the list is not alphabetical, the consular officer 
may require a separate alphabetical listing if this will not unduly 
delay the departure of the vessel or aircraft.
    (4) If a vessel or aircraft destined to the United States will not 
call at a port or place where there is a consular office, the crew list 
can be submitted for visaing to a consular office at the place nearest 
the vessel's port of call.

[[Page 189]]

    (c) Fee. A fee in an amount determined by the Schedule of Fees for 
Consular Services shall be charged for a crew-list visa except that no 
fee shall be charged in the case of an American vessel or aircraft.
    (d) Validity. A crew-list visa is valid for a period of 6 months 
from the date of issuance and for a single application for admission 
into the United States.
    (e) Procedure in issuing. (1) In issuing a crew-list visa the 
regular nonimmigrant visa stamp as prescribed in Sec. 41.113(d) shall be 
placed on the last page of the manifest immediately following the last 
name listed.
    (2) The symbol D shall be inserted in the space provided in the visa 
stamp.
    (3) The name of the vessel or identifying data regarding the 
aircraft shall be entered in the space provided for the name of the visa 
recipient.
    (4) The signature and title of the consular officer shall be 
recorded on the visa. The post impression seal shall be affixed on the 
visa stamp if the visa has been stamped by a rubber handstamp.
    (5) When a crew-list visa is issued, the consular officer delivers 
the original of the document to the master of the vessel or captain of 
the aircraft or to an authorized agent for presentation to the 
immigration officer at the first port of arrival in the U.S. The dated 
duplicate copy is retained for the consular files.
    (f) Supplemental crew-list visas. (1) A supplemental crew-list visa 
shall be issued at the consular office at which the crew-list visa was 
issued or at another consular office to cover any crewman signed on 
after the issuance of the crew-list visa and not in possession of a 
valid individual D visa.
    (2) If the crewman is substituted for another member previously 
included in the visa, the substitution shall be indicated in the 
supplemental crew list presented for visaing.
    (g) Exclusion from and refusal of, crew-list visas--(1) Exclusion 
from crew-list visa. If there is reason to believe that a crew list 
submitted for visaing contains the name of any person who is not a bona 
fide crewman or who is otherwise ineligible to receive an individual D 
visa under INA 101(a)(15)(D), the consular officer shall exclude any 
such person from the visa by listing the name of each excluded crew 
member below the visa stamp. An excluded crew member's name may not be 
stricken from the crew list.
    (2) Refusal of crew-list visa. A crew-list visa shall be refused if 
all aliens listed thereon are found by the consular officer not to be 
bona fide crewmen or otherwise ineligible to receive individual visas as 
crew members. In any case where a crew-list visa is refused, a full 
report shall be forwarded to reach the Department before the arrival of 
the vessel or aircraft at the first port of entry. In any case of 
refusal the original crew list shall be returned to the master, aircraft 
captain, or authorized agent, and the duplicate shall be filed in the 
consular office.

[52 FR 42597, Nov. 5, 1987, as amended at 56 FR 30428, July 2, 1991; 61 
FR 1836, Jan. 24, 1996]