B-1 (OCS) Visa, Specialty Workers in the Outer Continental Shelf

Oil drilling is regularly conducted in the outer continental shelf of the U.S. within the 20-mile limit of our territorial borders. The Outer Continental Shelf Act of 1978 requires that, with certain and limited exceptions, all vessels and platforms operating on the shelf must employ only U.S. citizens and permanent residents. The limited exemptions are called Manning Citizenship Exemptions.

Manning Citizenship Exemption

These can be granted under 5 circumstances as follows:

1. The president of the U.S. can, in times of national emergency, grant this exemption for anyone needed to fill a position.
2. A temporary shortage exists for qualified citizens and permanent residents. The U.S. Coast Guard chief of the Coast Guard's Division of Foreign and Offshore Compliance is responsible for granting such exemptions. Normally, they take 60 to 90 days.
3. A foreign-flagged and foreign-owned vessel or platform is exempt if it is more than 50% foreign-owned.
4. A foreign-flagged and American-owned vessel or platform can receive an exemption for its marine crew if they are members of the foreign country whose flag had a national registry manning requirement before 1978.
5. Technically trained specialists called in to handle emergencies and other temporary operations, such as well capping, explosions, fires, well logging, construction, etc., or to conduct training, can get an exemption if not part of the regular work for the vessel or platform from the U.S. Coast Guard officer in charge of the port.

Submission Process

The employer must furnish a letter naming the vessel or platform the employee will be working on; the length of time the employee will be performing services; and a U.S. Coast Guard Exemption Letter confirming that the vessel or platform named in the employer letter is exempt from OCSLA regulations requiring citizenship or permanent residency for employees. Then a call must be placed to the Operator Assisted Information Service at 854-275-5377 to obtain instructions on how to proceed to get the B-1 (OCS) visa from the USCIS. After processing, the visa interview and obtaining of the visa will be conducted at the home country's US embassy or consulate. Naturally, the visa processing and issuance fees will be owed.

This is a very job-specific and detailed B-1 visa type, and an attorney familiar with this exemption and submission process should be retained.

C-1/D Visa Requirements

If a vessel will be working outside the outer continental shelf and the employee will be a regular component of the crew, then that employee will need a C-1/D visa from the USCIS. This visa requires a letter from the employer stating that the vessel will be working outside the outer continental shelf and that the employee is a regular co If the need arises, this visa application can be submitted simultaneously. If the need so arises.