Energy Security and Lightering Independence Act of 2022
Jan 5, 2023
Statute: 136 Stat. 6292
Became law: Jan 5, 2023
Jan 5, 2023
Statute: 136 Stat. 6292
Became law: Jan 5, 2023
Summary
Makes it easier for foreign ship workers who transfer liquid cargo to pass through the U.S. to get to their vessels by creating a special visa for them.
What problem does this solve?
Foreign workers needed for special ship-to-ship fuel transfers lacked a clear way to enter the U.S. to join their ships. This law creates a specific visa category, allowing them to legally transit through the country and stay for up to 180 days to do their jobs.
What does this law do?
New visa for cargo transfer crews
Creates a new nonimmigrant visa category for foreign workers passing through the U.S. to perform ship-to-ship liquid cargo transfers.
Allows temporary stays up to 180 days
Permits these specific crew members to land and stay in the U.S. for up to 180 days to carry out their duties.
Defines work as outside U.S. employment
States that performing ship-to-ship liquid cargo transfers is not considered employment within the United States for immigration purposes.
Who does this affect?
- Foreign maritime workers
- Shipping and energy companies
- U.S. port authorities
What is the real world impact?
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Supports the energy supply chain
Makes it easier to move liquid cargo like oil and natural gas by ensuring specialized foreign crews can reach their ships without immigration delays. This helps keep energy flowing smoothly.
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Clarifies immigration rules for a niche industry
Provides a clear legal path for a specific group of maritime workers to enter the U.S. for their work, removing legal uncertainty for shipping companies and their employees.
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Defines work as outside U.S. employment
Specifies that ship-to-ship cargo transfers in this context are not considered work inside the U.S. for immigration purposes. This could prevent disputes over labor laws and may be seen by some as a way to use foreign labor without following all U.S. employment rules.
When does this start?
This law takes effect immediately as of January 5, 2023.