[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR258.3]

[Page 625-626]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 258_LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY ALIEN 
 
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 626]]

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.