Employers who wish to employ alien crewmembers to perform longshore activities at U.S. ports must file an attestation with Department of Labor that the use of alien crewmembers is the prevailing practice for the activity at the port, that there is no strike or lockout at the place of employment, and that notice has been given to U.S. workers, or their representatives. Special procedures have been established for Alaska. Once the Department of Labor accepts the attestation for filing, it notifies the Department of Homeland Security. The employer may then utilize alien crewmembers for the longshore work at the location(s) cited in the attestation in accordance with statutory requirements and regulations.
- Employment Law Guide: Crewmembers (D-1 Visas)
- D-1 Crewmembers Certification
- Wages under Foreign Labor Certification
Nonimmigrant Worker Related Agency Links:
- Department of Homeland Security/U.S. Citizenship and Immigration Services
- Department of State
- Department of Labor/Foreign Labor Certification
Civil Money Penalty Inflation Adjustments
Starting in 2016, agencies across the federal government must adjust their penalties for inflation each year. Below is a table that reflects the adjustments that have occurred for penalties under this statute. For more information on the penalty adjustments, go here.
|Type of Violation||Statutory Citation||CFR Citation||Maximum Civil Monetary Penalty on or before 1/23/2019||Maximum Civil Monetary Penalty on or after 1/24/2019|
|Violation of the attestation or 20 CFR 655 subparts F or G related to utilizing alien crew for longshore activities in US ports.||8 USC 1288(c)(4)(E)(i)||20 CFR 655.620(a)||$9,239||$9,472|