[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR258.3]



[Page 617-618]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 258_LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY ALIEN CREWMEN

--Table of Contents

 

Sec. 258.3  Action upon arrival.



    (a) The master or agent of the vessel shall state on the manifest at 

the first port of entry:

    (1) Whether or not nonimmigrant crewmen aboard the vessel will 

perform longshore work at any port before departing the United States; 

and

    (2) If nonimmigrant crewmen will perform longshore work, which 

exception in section 258 of the Act permits them to do so.

    (b) If nonimmigrant crewmen will perform longshore work, the master 

or agent of the vessel shall present with the manifest any documentation 

required by 8 CFR 258.2 for the exception invoked.

    (c) If, at the time of inspection, the master or agent fails to 

present the documentation required for the exception invoked, then the 

vessel is prohibited from using nonimmigrant crewmen to perform 

longshore work. If crewmen aboard the vessel perform longshore work 

despite the prohibition,



[[Page 618]]



the vessel is subject to fine under section 251(d) of the Act.

    (d) The examining immigration officer shall give the master or agent 

a Receipt for Crew List, Form I-410, on which the officer shall note 

whether or not nonimmigrant crewmen will do longshore work at any port 

of call and, if so, under which exception. The officer shall also note 

which documentation supporting the exception accompanied the manifest, 

and any failure to present documentation which failure would prohibit 

crewmen from performing longshore work under the exception that the 

vessel invoked.

    (e) If a vessel's crewmen perform longshore activity not sanctioned 

by an exception but performed to prevent the imminent destruction of 

goods or property; severe damage to vessels, docks, or real estate; 

possible environmental contamination; or possible injury or death to a 

person, a concise report of the incident shall be made within 14 days of 

the incident to the Immigration and Naturalization Service seaport 

office that performed the inspection. If the Service agrees that the 

situation was one of imminent danger requiring immediate action, no fine 

will be imposed for the performance of a longshore activity in this 

isolated instance.

    (f) Failure to deliver true and complete information on the manifest 

or any documentation required to support an exception may result in a 

fine against the owner, agent, consignee, master, or commanding officer 

under section 251(d) of the Act.