DHS and U.S. Customs and Border Protection (CBP) have finalized regulations creating two new nonimmigrant visa categories for foreign crewmen who perform ship-to-ship liquid cargo transfers — a maritime process known as lightering. Effective August 11, 2026, these crewmen can now seek lawful admission for up to 180 days, replacing the patchwork of discretionary exceptions CBP previously relied on.

Key Points

  • What: New C-4 and D-3 nonimmigrant visa categories created for foreign nationals performing lightering (ship-to-ship liquid cargo transfer) operations in US waters.
  • Who: Alien crewmen performing liquid cargo transfers (e.g., crude oil, natural gas) between vessels engaged in foreign trade.
  • When: Effective August 11, 2026.
  • Impact: Qualifying crewmen can now be admitted for up to 180 days instead of relying on discretionary parole or being capped at 29 days.

Why This Matters

Before this rule, foreign crewmen on lightering vessels were in a legal bind. Standard crewman visas (C-1 transit and D crewman) only allowed stays up to 29 days — far shorter than the typical duration of lightering contracts. Lightering vessels also rarely leave US waters for foreign ports, so crewmen couldn't meet the departure requirements tied to existing classifications.

The result: CBP had to use its discretionary parole authority on a case-by-case basis to let lightering crewmen enter at all. That's an ad hoc workaround, not a reliable legal pathway.

The Energy Security and Lightering Independence Act of 2022 (ESLIA) fixed this by amending the Immigration and Nationality Act to formally include lightering workers in both the C transit and D crewman categories. This final rule brings DHS regulations in line with that statute.

The Two New Visa Categories

C-4 (Transit for Lightering Crewmen): For aliens transiting the US to join or depart a vessel on which they perform — or have performed — ship-to-ship liquid cargo transfer operations. Admission can be granted for up to 180 days.

D-3 (Temporary Landing for Lightering Crewmen): For aliens actively performing lightering operations who need to land temporarily in the US solely in pursuit of their duties as a crewman. Temporary landing privileges can be granted for up to 180 days.

Both categories require the alien to obtain the appropriate visa from the State Department (typically a C-1/D combination visa) or qualify for an exemption before arriving at a US port of entry.

Crucially, ESLIA clarifies that performing lightering operations is not considered work or employment in the United States for immigration purposes — meaning these crewmen are not competing with US workers under immigration law.

What Stays the Same

Non-lightering crewmen are unaffected. They continue to use the existing C-1 and D classifications with the 29-day stay limit. Extension of stay and change of status remain unavailable for all crewman classifications, including the new C-4 and D-3 categories.

What You Should Do

If you are a foreign national working on a lightering vessel or an employer of lightering crewmen, this rule creates a clear legal pathway that didn't exist before. Coordinate with your immigration attorney or vessel operator to ensure crewmen apply for the correct C-1/D combination visa (which covers both C-4 and D-3 status) from the State Department before traveling to the US. No action is needed if you are an H-1B worker, F-1 student, or hold any other standard visa category — this rule does not affect you.