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izens on the OCS and eliminating to the fullest extent possible retaliation by foreign nations against U.S. workers engaged in foreign offshore worker activities. As noted by the court, however, and as fully described above and enforced today after September 11, 2001, even though the immigration laws do not apply to the OCS, foreign workers are not allowed to visit or transit through the United States before proceeding to and from the OCS without a B-1(OCS) visa, which may not be obtained until an OCS exemption is granted to a particular vessel by the Coast Guard. Accordingly, for all practical purposes, the immigration laws are being applied to foreign citizens working offshore because such persons are prohibited from transiting to and from the OCS without maintaining a valid B-1 (OCS) visa issued by a U.S. embassy. Such persons cannot receive a visa and enter the U.S. until they are vetted by U.S. consular personnel for security and other purposes. Implications: Proposal to Extend the Immigration Laws to the OCS Apparently, the intended effect of this provision is to require foreign owners of OCS units to obtain temporary employment-related visas on behalf of their foreign employees who crew OCS units on the basis that these foreign workers are not subject to federal immigration laws that require them to obtain visas. Furthermore, the intent is to require foreign workers to obtain an H-2B visa. This visa permits employers with peak load, seasonal, intermittent, or a one-time need to supplement their existing U.S. citizen workforce with foreign temporary workers. In order for a foreign worker to obtain an H-2B visa, a certification must be made by the Department of Labor that the job is temporary and that qualified U.S. workers are not available. H-2B visas are generally issued for a period of one year and in some cases may be extended up to a period of three years. As discussed above, however, all for- November, 2006 · MarineNews · 37