8 CFR 251.1(c)

§ 250.1
§ 250.1

8 CFR Ch. I (1–1–12 Edition)
Application.

Application for removal shall be
made on Form I–243. No appeal shall lie
from the decision of the district director.
[22 FR 9802, Dec. 6, 1957]

§ 250.2

Removal authorization.

If the district director grants the application he shall issue an authorization for the alien’s removal on Form I–
202. Upon issuance of the authorization, or as soon thereafter as practicable, the alien may be removed from
the United States at government expense.
[22 FR 9802, Dec. 6, 1957]

PART 251—ARRIVAL AND DEPARTURE MANIFESTS AND LISTS: SUPPORTING DOCUMENTS
Sec.
251.1 Arrival manifests and lists.
251.2 Notification of illegal landings.
251.3 Departure manifests and lists for vessels.
251.4 Departure manifests and lists for aircraft.
251.5 Paper arrival and departure manifests
for crew.
251.6 Exemptions for private vessels and aircraft.
AUTHORITY: 8 U.S.C. 1103, 1182, 1221, 1281,
1282, 8 CFR part 2.

pmangrum on DSK3VPTVN1PROD with CFR

§ 251.1

Arrival manifests and lists.

(a) Vessels—(1) General. The master or
agent of every vessel arriving in the
United States from a foreign place or
an outlying possession of the United
States shall present to the immigration officer at the port where the immigration inspection is performed a
manifest of all crewmen on board on
Form I–418, Passenger List and Crew
List, in accordance with the instructions contained thereon.
(2) Longshore work notations. The
master or agent of the vessel shall indicate in writing immediately below the
name of the last alien listed on the
Form I–418 whether or not crewmen
aboard the vessel will be used to perform longshore work at any United
States port before the vessel departs
the United States.

(i) If no longshore work will be performed, no further notation regarding
longshore work is required.
(ii) If longshore work will be performed, the master or agent shall note
which exception listed in section 258 of
the Act permits the work. The exceptions are:
(A) The hazardous cargo exception;
(B) The prevailing practice exception
in accordance with a port’s collective
bargaining agreements;
(C) The prevailing practice exception
at a port where there is no collective
bargaining agreement, but for which
the vessel files an attestation;
(D) The prevailing practice exception
for automated vessels; and
(E) The reciprocity exception.
(iii) If longshore work will be performed under the hazardous cargo exception, the vessel must either be a
tanker or be transporting dry bulk
cargo that qualifies as hazardous. All
tankers qualify for the hazardous cargo
exception, except for a tanker that has
been gas-freed to load non-hazardous
dry bulk commodities.
(A) To invoke the exception for tankers, the master or agent shall note on
the manifest that the vessel is a qualifying tanker.
(B) If the vessel is transporting dry
bulk hazardous cargo, the master or
agent shall note on the manifest that
the vessel’s dry bulk cargo is hazardous
and shall show the immigration officer
the dangerous cargo manifest that is
signed by the master or an authorized
representative of the owner, and that
under 46 CFR 148.02 must be kept in a
conspicuous place near the bridge
house.
(iv) If longshore work will be performed under the prevailing practice
exception, the master or agent shall
note on the manifest each port at
which longshore work will be performed under this exception. Additionally, for each port the master or agent
shall note either that:
(A) The practice of nonimmigrant
crewmen doing longshore work is in accordance with all collective bargaining
agreements covering 30 percent or
more of the longshore workers in the
port;
(B) The port has no collective bargaining agreement covering 30 percent

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Department of Homeland Security

§ 251.1

or more of the longshore workers in
the port and an attestation has been
filed with the Secretary of Labor;
(C) An attestation that was previously filed is still valid and the vessel continues to comply with the conditions stated in that attestation; or
(D) The longshore work consists of
operating an automated, self-unloading
conveyor belt or a vacuum-actuated
system.
(v) If longshore work will be performed under the reciprocity exception, the master or agent shall note on
the manifest that the work will be
done under the reciprocity exception,
and will note the nationality of the
vessel’s registry and the nationality or
nationalities of the holders of a majority of the ownership interest in the
vessel.
(3) Exception for certain Great Lakes
vessels. (i) A manifest shall not be required for a vessel of United States, Canadian, or British registry engaged
solely in traffic on the Great Lakes or
the St. Lawrence River and connecting
waterways, herein designated as a
Great Lakes vessel, unless:
(A)
The
vessel
employs
nonimmigrant crewmen who will do
longshore work at a port in the United
States; or
(B) The vessel employs crewmen of
other than United States, Canadian, or
British citizenship.
(ii) In either situation, the master
shall note the manifest in the manner
prescribed in paragraph (a)(2) of this
section.
(iii) After submission of a manifest
on the first voyage of a calendar year,
a manifest shall not be required on subsequent
arrivals
unless
a
nonimmigrant crewman of other than Canadian or British citizenship is employed on the vessel who was not
aboard and listed on the last prior
manifest, or a change has occurred regarding the performance of longshore
work in the United States by nonimmigrant crewmen, or a change has
occurred in the exception that the master or agent of the vessel wishes to invoke which was not noted on the last
prior manifest.
(4) The master or agent of a vessel
that only bunkers at a United States
port en route to another United States

port shall annotate Form I–418 presented at the onward port to indicate
the time, date, and place of bunkering.
(5) If documentation is required to
support an exception, as described in
§ 258.2 of this chapter, it must accompany the manifest.
(b) Aircraft. The captain or agent of
every aircraft arriving in the United
States from a foreign place or from an
outlying possession of the United
States, except an aircraft arriving in
the United States directly from Canada
on a flight originating in that country,
shall present to the immigration officer at the port where the inspection is
performed a manifest on United States
Customs Service Form 7507 or on the
International Civil Aviation Organization’s General Declaration of all the
alien crewmembers on board, including
alien crewmembers who are returning
to the United States after taking an
aircraft of the same line from the
United States to a foreign place or
alien crewmembers who are entering
the United States as passengers solely
for the purpose of taking an aircraft of
the same line from the United States
to a foreign port. The captain or agent
of an aircraft that only refuels at the
United States en route to another
United States port must annotate the
manifest presented at the onward port
to indicate the time, date, and place of
refueling. The surname, given name,
and middle initial of each alien crewman listed also shall be shown on the
manifest. In addition, the captain or
agent of the aircraft shall indicate the
total number of United States citizen
crewmembers and total number of
alien crewmembers.
(c) Additional documents. The master,
captain, or agent shall prepare as a
part of the manifest, when one is required for presentation to an immigration officer, a completely executed set
of Forms I–95, Conditional Landing
Permit, for each nonimmigrant alien
crewman on board, except:
(1) A Canadian or British citizen
crewman serving on a vessel plying
solely between Canada and the United
States; or
(2) A nonimmigrant crewman who is
in possession of an unmutilated Form
I–184, Alien Crewman Landing Permit
and
Identification
Card,
or
an

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§ 251.2

8 CFR Ch. I (1–1–12 Edition)

unmutilated Form I–95 with space for
additional endorsements previously
issued to him or her as a member of the
crew of the same vessel or an aircraft
of the same line on his or her last prior
arrival in the United States, following
which he or she departed from the
United States as a member of the crew
of the same vessel or an aircraft of the
same line.
[62 FR 10386, Mar. 6, 1997]

§ 251.2

Notification of illegal landings.

As soon as discovered, the master or
agent of any vessel from which an alien
crewman has illegally landed or deserted in the United States shall inform the immigration officer in charge
of the port where the illegal landing or
desertion occurred, in writing, of the
name, nationality, passport number
and, if known, the personal description,
circumstances and time of such illegal
landing or desertion of such alien crewman, and furnish any other information and documents that might aid in
his or her apprehension, including any
passport surrendered pursuant to
§ 252.1(d) of this chapter. Failure to file
notice of illegal landing or desertion
and to furnish any surrendered passport within 24 hours of the time of such
landing or desertion becomes known
shall be regarded as lack of compliance
with section 251(d) of the Act.
[62 FR 10387, Mar. 6, 1997]

pmangrum on DSK3VPTVN1PROD with CFR

§ 251.3 Departure manifests and lists
for vessels.
(a) Form I–418, Passenger List-Crew
List. The master or agent of every vessel departing from the United States
shall submit to the immigration officer
at the port from which such vessel is to
depart directly to some foreign place
or outlying possession of the United
States, except when a manifest is not
required pursuant to § 251.1(a), a single
Form I–418 completed in accordance
with the instructions on the form. Submission of a Form I–418 that lacks any
required endorsement shall be regarded
as lack of compliance with section
251(c) of the Act.
(b) Exception for certain Great Lakes
vessels. The required list need not be
submitted for Canadian or British

crewmembers of Great Lakes vessels
described in § 251.1(a)(3).
[62 FR 10387, Mar. 6, 1997]

§ 251.4 Departure manifests and lists
for aircraft.
(a) United States Customs Service Form
7507 or International Civil Aviation Organization’s General Declaration. The captain or agent of every aircraft departing from the United States for a foreign place or an outlying possession of
the United States, except on a flight
departing for and terminating in Canada, shall submit to the immigration
officer at the port from which such aircraft is to depart a completed United
States Customs Service Form 7507 or
the International Civil Aviation Organization’s General Declaration. The
form shall contain a list of all alien
crewmen on board, including alien
crewmen who arrived in the United
States as crewmen on an aircraft of the
same line and who are departing as
passengers. The surname, given name,
and middle initial of each such alien
crewman listed shall be shown. In addition, the captain or agent of the aircraft shall indicate the total number of
alien crewmembers and the total number of United States citizen crewmembers.
(b) Notification of changes in employment for aircraft. The agent of the air
transportation line shall immediately
notify in writing the nearest immigration office of the termination of employment in the United States of each
alien employee of the line furnishing
the name, birth date, birthplace, nationality, passport number, and other
available information concerning such
alien. The procedure to follow in obtaining permission to pay off or discharge an alien crewman in the United
States after initial immigration inspection, other than an alien lawfully
admitted for permanent residence, is
set forth in § 252.1(f) of this chapter.
[62 FR 10387, Mar. 6, 1997]

§ 251.5 Paper arrival and departure
manifests for crew.
In addition to the electronic manifest
transmission requirement applicable to
crew members specified in §§ 231.1 and
231.2 of this chapter, the master or

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