# DHS Creates C-4 and D-3 Visas for Lightering Crewmen — Up to 180 Days Allowed

> Foreign sailors who transfer liquid cargo between ships — a process called lightering — have long been stuck in a legal gray zone, relying on case-by-case exceptions to enter US waters. That changes now: DHS has finalized rules creating two new visa categories giving qualifying crewmen up to 180 days of authorized stay. Here's what the new C-4 and D-3 classifications mean.

Canonical URL: https://thevisapulse.com/updates/dhs-c4-d3-visa-lightering-crewmen-2026

## At a glance

- **Policy status:** Status unverified
- **Last verified:** Not recorded
- **Human review:** No human review recorded
- **Published:** 2026-08-11
- **Effective:** 2026-08-11
- **Impact:** low
- **Document type:** Final Rule
- **Source agency:** U.S. Customs and Border Protection, Department of Homeland Security
- **Document number:** 2026-16319
- **Visa types:** C-1, C-4, D, D-3

Publication dates and impact ratings do not establish whether a policy is in force. Verify current status against the linked government evidence. See /about for our editorial process.

## Who is affected

- Foreign nationals performing ship-to-ship liquid cargo transfer (lightering) operations
- Maritime vessel operators employing alien crewmen on lightering vessels
- CBP officers processing crewman admissions at US ports of entry

## Key changes

- Two new nonimmigrant categories created: C-4 (transit) and D-3 (temporary landing) for lightering crewmen.
- Qualifying lightering crewmen may now be admitted for up to 180 days, compared to the previous 29-day cap.
- Lightering crewmen no longer need to rely on discretionary parole to enter US waters lawfully.
- ESLIA clarifies that performing lightering operations does not constitute work or employment in the US for immigration purposes.
- Regulations in 8 CFR Parts 214 and 252 are updated to conform to the 2022 statutory changes.

## What you should do

If you employ or work as a lightering crewman, consult an immigration attorney to ensure the correct C-1/D combination visa is obtained from the State Department before US entry. No action required for H-1B, F-1, or other standard visa holders.

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.

## At a Glance

- **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.

## Sources

- Government source · federalregister.gov: https://www.federalregister.gov/documents/2026/08/11/2026-16319/regulatory-changes-required-by-the-energy-security-and-lightering-independence-act-of-2022
- Source PDF: https://www.govinfo.gov/content/pkg/FR-2026-08-11/pdf/2026-16319.pdf

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