New Visas for Lightering: Ship Cargo Transfers Get Green Light
Published Date: 8/11/2026
Rule
Summary
The Energy Security and Lightering Independence Act of 2022 amended the nonimmigrant classifications for aliens in transit (C) and for aliens serving as crewmen (D) to include individuals who perform ship-to-ship liquid cargo transfer operations to or from another vessel engaged in foreign trade (lightering). The statute authorizes qualifying aliens to seek admission to the United States or request temporary landing permits for a period not to exceed 180 days. This rule amends Department of Homeland Security (DHS) regulations to conform to these statutory changes and make related technical amendments.
Analyzed Economic Effects
5 provisions identified: 4 benefits, 1 costs, 0 mixed.
New 180‑day visa class for lightering crew
If you perform ship-to-ship liquid cargo transfers (lightering), you may now seek admission as a C-4 nonimmigrant or request temporary landing as a D-3 nonimmigrant for a period not to exceed 180 days. This regulatory change (effective August 11, 2026) implements the Energy Security and Lightering Independence Act of 2022 and replaces the prior practice where lightering crew commonly relied on parole.
No extensions allowed for C‑4 and D‑3 stays
Nonimmigrants admitted in C-4 or granted D-3 temporary landing privileges are limited to the authorized period of admission (up to 180 days) and are not eligible for extensions of stay. The rule references existing INA limits and penalties for willful overstay.
Lightering not treated as U.S. employment
If you perform ship-to-ship liquid cargo transfer operations while admitted in C-4 status or granted D-3 landing privileges, that activity is not considered performance of services, work, labor, or employment within the United States for immigration purposes. The regulatory text adopts the ESLIA statutory clarification to that effect.
No Form I-408 needed for D‑3 departures
A crewman granted temporary landing privileges under the new D-3 paragraph (for lightering) is authorized to depart on the same vessel or on another vessel or aircraft and does not require an application on Form I-408 to do so. This change is reflected in amended 8 CFR 252.1(f).
CBP replaces parole with tracked classifications
CBP will admit lightering crew under the C-4 or D-3 classifications rather than relying on discretionary parole, enabling CBP to identify and track the exact number of lightering crew admitted in transit or granted temporary landing privileges. The agency notes this improves data compared to prior parole practice and estimates historically paroling about 6,500 alien crewmen per year (all duties).
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Key Dates
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