DOS Rule Eliminates Crew List Visas
Posted Jan 24, 2003

Our October 6, 2000 article, entitled Overview : D (Crewmember) Visas and available on MurthyDotCom, indicated that one type of visa available to crewmembers is the "crew list" visa. This visa is a nonimmigrant visa issued on a manifest of crewmembers of a vessel or aircraft and, therefore, neither appears in an individual's passport nor requires an individual to complete the Nonimmigrant Visa Application (Form DS-156). Such individuals are not required to have an interview in order to obtain a visa.

As a result of the events of September 11, 2001, the U.S. Department of State (DOS) has issued a proposed rule to eliminate the crew list visa. Though it is still a proposed rule, the DOS has declared that the rule is effective as of the date of its publication, which was December 13, 2002. Crewmembers, therefore, now will need to fill out the DS-156 and obtain a visa in their passports. Written comments on the proposed rule are due to the DOS by February 11, 2003.

These proposed rules also ensure compliance with the Enhanced Border Security and Visa Entry Reform Act that requires all visas issued after October 26, 2004 to have biometric identifiers. [For more information on this Act, see Senate Approves Border Bill from April 26, 2002, available on MurthyDotCom.] Coupled with the Passenger Manifest Requirements recently issued, the government will know more than ever before about the passengers and crewmembers of international flights and vessels. [Details on this issue are available on MurthyDotCom in our January 10, 2003 article, Airlines to Submit Electronic Passenger Manifests.]