2018 US Code
Title 46 - Shipping
Subtitle II - Vessels and Seamen
Part F - Manning of Vessels
Chapter 87 - Unlicensed Personnel
Sec. 8704 - Alien deemed to be employed in the United States

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Citation 46 U.S.C. § 8704 (2018)
Section Name §8704. Alien deemed to be employed in the United States
Section Text

An alien is deemed to be employed in the United States for purposes of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) if the alien is an unlicensed individual employed on a fishing, fish processing, or fish tender vessel that—

(1) is a vessel of the United States engaged in the fisheries in the navigable waters of the United States or the exclusive economic zone; and

(2) is not engaged in fishing exclusively for highly migratory species (as that term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).

Source Credit

(Added Pub. L. 100–239, §5(f)(1), Jan. 11, 1988, 101 Stat. 1781; amended Pub. L. 104–208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)

Editorial Notes AMENDMENTS

1996—Par. (2). Pub. L. 104–208 substituted "Magnuson-Stevens Fishery" for "Magnuson Fishery".

EFFECTIVE DATE OF 1996 AMENDMENT

Pub. L. 104–208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.

CONSTRUCTION

Pub. L. 100–239, §5(f)(3), Jan. 11, 1988, 101 Stat. 1781, provided that: "With respect to an alien who is deemed to be employed in the United States under section 8704 of title 46, United States Code (as amended by this subsection), the term 'date of the enactment of this section' [translated as "November 6, 1986"] as used in section 274A(i) of the Immigration and Nationality Act [former 8 U.S.C. 1324a(i)] means the date 180 days after the enactment of this section [Jan. 11, 1988]."

Publication Title United States Code, 2018 Edition, Title 46 - SHIPPING
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part F - Manning of Vessels
CHAPTER 87 - UNLICENSED PERSONNEL
Sec. 8704 - Alien deemed to be employed in the United States
Contains section 8704
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law Yes
Disposition standard
Statutes at Large References 101 Stat. 1781
110 Stat. 3009
Public Law References Public Law 100-239, Public Law 104-208
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