Oh this is just dandy!

[c.captain]

This just came out today:

[table]

[TD][h=2nd Officer / DPO - REQUIRED ASAP]3[/h][/TD]

Our client is one of the world’s largest marine diving contractors operating worldwide a variety of pipelay larges, derrick barges and large dive support vessels. The company is involved in constructions, inspection, maintenance and repair of offshore production and pipeline infrastructure. C-MAR Group currently requires a highly experienced 2nd Officer DPO for our clients’ 100 metre DP diving support vessel and heavy lift construction vessel which is equipped with a built in sat system. The vessel is additionally capable of pipelay, flexible and umbilical installation. This position is available on a permanent basis; the successful candidate will undertake 6/6 week rotation and receive a day rate of £315 GBP door to door. All candidates must be available in order to travel to the vessel for joining ASAP. This is an immediate vacancy.
Status:	Staff
Required Skills/Experience:	• Chief Mate Unlimited • GMDSS • DP Unlimited • STCW Basic Safety Training • HUET • Medical • Passport • B1OCS Visa • Safe Gulf
Location:	USA, UNITED STATES
Advert Published:	30 Nov 2011
Expiry date:	29 Jan 2012
OilCareers Ref. No.:	J618082

[/table]

Nothing, but nothing ever changes...WHY THE EFF DO THEY NOT ASK FOR AN AMERICAN TO FILL THE EFFING JOB! GD EFFING ASSHOLES!

[Jeffrox]

Well, of course they will say they can't find a Yankee holding a CM License and full DP that will take the job for $495 a day. That's the Modus Op. with these kind of jobs, right?

[c.captain]

Well, of course they will say they can't find a Yankee holding a CM License and full DP that will take the job for $495 a day. That's the Modus Op. with these kind of jobs, right?

And it is BULLSHIT! Money cannot be used as the determining factor that US citizen mariners are not available for the work.

I've said this many times before but this will not change until there is a loud and clear voice for the American mariner heard in Washington. The National Mariners Association is the only thing we have so far and they do good work but they need more members to fund that work and to press them to make this issue a high priority. Richard Block and Joe Dady know what is happening...I urge anyone who cares to join them and ask that this give away of the jobs that should be ours become one of the NMA's issues in Washington

[Horatio]

the Seaman's Act of 1921 doesn't protect us from this kind of thing?

[Skoidat69]

This just came out today:



Nothing, but nothing ever changes...WHY THE EFF DO THEY NOT ASK FOR AN AMERICAN TO FILL THE EFFING JOB! GD EFFING ASSHOLES!

So it looks like Cal Dive is looking for people again.... All of the europeans love come to working in the US because they do not have to pay ANY taxes in their home country then whatever company that they are working for pay their US taxes that later refunded back to them so they get a check for $20k.. then they get bonuses....

So when it's all said and done, it's not $495 for 2nd Mate/DPO with a C/M license... it's closer to $800....

Those Mutha funkin' assholes...

[c.captain]

So it looks like Cal Dive is looking for people again.... All of the europeans love come to working in the US because they do not have to pay ANY taxes in their home country then whatever company that they are working for pay their US taxes that later refunded back to them so they get a check for $20k.. then they get bonuses....

So when it's all said and done, it's not $495 for 2nd Mate/DPO with a C/M license... it's closer to $800....

Those Mutha funkin' assholes...

Of course one option is to apply to C-Mar for this job and tell them they need to offer you the exact same conditions as a foreign mariner with regards to the taxes. Then tell them that if you do not get the job you will file suit in Federal Court for damages. The member here "Jones Act" knows about all of this and might take the case. The key is that you have to have ALL the qualifications and certifications required.

[anchorman]

Of course one option is to apply to C-Mar for this job and tell them they need to offer you the exact same conditions as a foreign mariner with regards to the taxes. Then tell them that if you do not get the job you will file suit in Federal Court for damages. The member here "Jones Act" knows about all of this and might take the case. The key is that you have to have ALL the qualifications and certifications required.

If it's a US based corporation, an employer has to take out taxes from US citizens. That is the law. My US headquartered employer takes taxes from my check, but not my back-to-back, because he is not a US citizen.

[anchorman]

IF it wasn't for the 11.4 million people here without visas, I think I would be more upset.

[awulfclark]

But dontcha know, our current "Democratic" administration is all for the American worker!

[c.captain]

But dontcha know, our current "Democratic" administration is all for the American worker!

Don't get all red vs. blue political here...this same shit has been going on with both democrat and republican administrations and many more OCS-B1 visas were issued by W's bunch that all the others combined. The problem now is that the current admin is dragging their feet making these foreigners leave. They are giving lip service but only tepid action.

As the man said..."follow the money"! That will always point the way to the corruption.

[awulfclark]

Very true...my point was that the Donkeys claim to be for the worker, not that the Elephants are any better. In my mind, if you're going to claim to be for something, then maybe you should be for that. But, you know, I don't think like a politician (or have sponsors like them--follow the money!).

[john]

Guys, if you have specific information on party policies or actions that effect US mariners then it might be of interest. If you couple those with specific ideas to fix the political problems that exists then it would be of great interest.... but generlizations about various animal groups doesn't help anyone. Nor does words like GD or EFFING ASSHOLES.

I share everyone's frustration on this topic but is it productive?

What I think would be productive is someone actually taking the time to follow the money - and posting the details of their findings - rather than telling everyone else to.

In short we know this is a problem, my question is.... What are we going to do about it? (and don't tell me to write my congressmen... I know I'm not alone in having done that many times with no positive effect)

[dougpine]

As c.captain said: Join the National Mariners Association and support their efforts with your dues and anything else you can offer as support. Screaming about it here can be cathartic but it accomplishes very little to help solve the problem. Get involved! Work your elected reps and senators. Gather the facts instead of the sound bites and hyperbole. Do something that actually helps!

[c.captain]

Here is a big red arrow pointing the way to the money. I've posted this before but here is the largest maritime law and lobbying firm telling offshore service companies how Blanke Rome can get around the law go get those effing damned foreign workers their OCS-B1 visas. I think the rest of the path is pretty easy to follow from there.

Where Have All of the U.S. Citizen Offshore Workers Gone? Foreign Personnel Continue to Fill Employment Gaps on the U.S. Outer Continental Shelf

March 2009

Even though it has been almost four years since Hurricane Katrina and production levels on the Outer Continental Shelf (“OCS”) are experiencing a temporary decline due to the downturn in the economy, there continues to be a demand for foreign personnel to work in support of OCS activities. From welders to caterers and from chief engineers to deck hands and commercial divers, foreign personnel continue to fill critical positions onboard vessels and platforms. The question then remains, where have all of the U.S. citizens gone? Whether the shortage is an actual shortage of personnel or a factor of undesirable wages and a lack of interest in an offshore career, the shortage is real, has operational consequences, and can be addressed through a Coast Guard regulatory exemption in accordance with 33 C.F.R. Part 141.

The shortage, or unavailability, as it is technically called, has recently received the attention of the Coast Guard’s National Offshore Safety Advisory Committee (“NOSAC”), which formed a subcommittee at its last meeting to develop criteria for the Coast Guard to use in determining if an actual labor shortage exists and to define what constitutes an emergency need. In order to understand this issue, it is important to first understand the citizenship restrictions that are placed on OCS operations.

Background

Through the Outer Continental Shelf Lands Act (“OCSLA”) and it amendments, Congress announced that the U.S. Constitution and laws and civil and political jurisdiction of the United States are extended to the subsoil and seabed of the OCS and to all artificial islands, and all installations and other devices permanently or temporarily attached to the seabed. What this means in simple terms is that U.S.-flag vessels and platforms conducting operations on the OCS must be manned or crewed by citizens of the United States or resident aliens.

This citizenship restriction typically becomes an issue in three different situations: (1) a U.S.-flag vessel or offshore platform that cannot find enough U.S. citizens or resident aliens to fill its regular complement (i.e., unavailability); (2) a U.S.-flag vessel with a U.S. crew or an offshore platform that needs to supplement its crew with foreign specialists, professionals, or other technically-trained personnel to handle emergencies or other temporary operations; and (3) a foreign-flag vessel with a foreign crew that has to route relief crews through the United States or make U.S. port visits.

A common theme that runs through all three situations is the requirement for foreign workers to possess a B-1 (OCS) visa in order to be allowed ashore in the United States, either en route to or from the OCS or for a U.S. port visit even though the immigration laws of the United States do not apply offshore. Failure of a crewmember to possess a B-1 (OCS) when a vessel pulls into a U.S. port, will result in the owner/operator of the vessel having to post an armed guard at the gangway and the crew not being permitted to disembark the vessel or depart the country without an armed escort. A brief discussion of each exemption follows below.

Foreign-Flag Vessels

In general, under the OCSLA manning requirements, the crew of any vessel engaged in OCS activities, whether U.S. or foreign flagged, must be either U.S. citizens or resident aliens. However, a manning exemption exists under OCLSA allowing a foreign-flag vessel to employ foreign nationals if it can be demonstrated that citizens of a foreign nation have the absolute right to effectively control the vessel (i.e., bareboat charter) or that the ownership of the vessel is over 50 percent foreign at every tier of ownership.

The application is submitted to the Coast Guard’s Foreign & Offshore Vessels Division and must contain, among other things, information such as project scope, vessel specifications, and a detailed description of ownership of every company in the vessel’s chain of ownership. Approval can often take 30 days or more depending on the complexity of the particular case. Once the exemption is received, it remains valid until the vessel comes under either U.S. ownership or control. Following the approval, the vessel owner can begin the process of obtaining the B-1 (OCS) visas for the crew.

Unavailability of U.S. Citizens or Resident Aliens

This situation is directly linked to the number of U.S. citizens or resident aliens that are qualified and available to work offshore. Before utilizing foreign personnel in vacant positions, an unavailability exemption must be requested from the Coast Guard’s Foreign & Offshore Vessels Division. This is accomplished by the applicant demonstrating that it has attempted to locate qualified U.S. citizens or resident aliens through several different advertising media including, but not limited to, newspapers, internet, and trade shows/job fairs. Given that the Coast Guard makes its determination in consultation with the U.S. Department of Labor, it is also important that the applicant register and post advertisements with the two largest state labor organizations that deal with offshore occupations; namely, the Texas and Louisiana Workforce Commissions. In addition to the advertising information, the applicant must also include the number of personnel needed, the position they will fill, the vessel and/or platform upon which the foreign personnel will be stationed, and also information pertaining to the particular applicant’s hiring statistics (e.g., number of applicants, new hires and terminations over the last several quarters).

Once the Coast Guard makes its determination that an unavailability exists, a letter will be issued that can then be utilized by the recruited foreign personnel to obtain a B-1 (OCS) visa from a U.S. embassy or consulate. The temporary exemption is typically valid for one year from the date of issue under the condition that the applicant will continue to advertise for and hire either U.S. citizens or resident aliens if and when they become available. When the proper visa is granted, the foreign workers will then be permitted to travel to the U.S. and ultimately to the OCS.

Foreign Specialists and Technically Trained Personnel

With respect to specialists and other technically-trained personnel, the key to this exemption is that it will typically only be granted in emergency situations or for other temporary operations. An example of a situation where this type of exemption would be applicable is following a major hurricane event that results in widespread destruction that requires additional personnel, particularly to assist with the assessment of damages and repairs of offshore platforms. One of the pieces of data that the Coast Guard uses to determine if an “emergency situation” exists is the percentage of oil and gas that is shut-in as reported by the Minerals Management Service. For example, immediately following the 2005 hurricane season, the shut-in percentage was approximately 95 percent, and following the 2008 season it was approximately 59 percent; both of these were considered to be “emergency situations.” A situation that could constitute a temporary operation is where a foreign specialist is brought onboard a vessel or platform to either install a new piece of equipment or to train the regular crew on its use.

These exemptions are issued by the local Officer in Charge of Marine Inspections in the particular Coast Guard Sector where the operations will occur and include, among other things, the name and passport information for the particular specialist, the project information, and the estimated duration of the project. These exemptions may be granted for a set time period of time that could range from one week, to several months, or a year, depending on the particular circumstances. Based on the issuance of such an exemption, a foreign worker may obtain a B-1 (OCS) visa.

Conclusion

The strict citizenship requirements imposed on OCS operations, coupled with the requirement for offshore workers to possess a B-1 (OCS) visa when traveling in the United States, has made exemptions from these restrictions commonplace in facilitating OCS operations. Whether you are a small company that has resisted bidding on a larger contract because you are unsure where the qualified personnel would come from, a company that wants to contract with a foreign-flag vessel but does not want to deal with contract delays due to personnel issues, or a platform or vessel owner in need of a foreign specialist to assist with a new equipment installation, the exemptions discussed above may be the answer.

Given that the failure to secure the exemption and/or the proper visas for the personnel can result in fines, penalties, lengthy operational delays and personnel issues such as refusal to allow crewmembers ashore, meet a vessel or deportation, it is strongly encouraged that U.S. counsel be sought to assist with preparing and submitting the exemption requests. Moreover, it is important to use counsel who are experienced in this specialized area of the law to make sure that the necessary legal requirements are sufficiently addressed in submitting an exemption and to avoid lengthy delays in obtaining approval.

[c.captain]

As c.captain said: Join the National Mariners Association and support their efforts with your dues and anything else you can offer as support. Screaming about it here can be cathartic but it accomplishes very little to help solve the problem. Get involved! Work your elected reps and senators. Gather the facts instead of the sound bites and hyperbole. Do something that actually helps!

I cannot agree more...NMA is in place already and does have some voice in Washington but to have any true effect, they must have membership and funding to do their work. IT IS TIME TO TURN THE NATIONAL MARINERS ASSOCIATION INTO ONE WHICH WILL SPEAK WITH THE COLLECTIVE VOICE OF THE US CITIZEN MARINER!

[c.captain]

Here's another job posting from Rigzone yesterday

SDPO Employer: Change InternationalUpdated: Dec 6 2011
Desired Expertise: Captain, Dynamic Position Officer, Ships Mate
Experience: 2+ years
Minimum Education: Some College
Salary: £380 per day
Location: Gulf of Mexico, US
Reference Code: 57825


Job Description:

Change Internationals client, a leading provider of subsea construction and diving services in the Gulf Of Mexico now urgently requires a SDPO with the US B1OCS VISA or US Residency to join them for a 12 week trip joining no later than the 14th December. This is an excellent opportunity to gain substantial work on a state of the art vessel.

As SDPO you will be responsible for ensuring optimum performance from the Kongsberg DP2 system. Additional responsibilities will include:


- Overseeing work performed by DPO's
- Ensuring the DP system is operating efficiently
- Fault finding and trouble shooting any problems should they arise
- Reporting any issues to the Chief Engineer and ETO
- Improving DP procedures on board
- Running of the bridge along with the Chief Officer and Master

Requirements:

- OOW Unlimited
- DP Unlimited
- Minimum of 1 years experience as SDPO onboard a DP2 Vessel
- USB1 OCS VISA or USA Residency / Passport
- Kongsberg training and experience of Kongsberg systems
- Able to commence employment on the 14th December
- Able to remain onboard for 12 weeks


Day Rate:

£380 per day paid door to door


Applicant Requirements:
In order to apply for this position, applicants MUST meet the following criteria. If your resume does not match these criteria, you will not be able to apply for this position.


Location: North America

You have to give then credit for at least mentioning US nationals to apply but now if one did and he had all the qualifications, would he get the job before the foreigner with the OCS-B1? Someone need to try to test these guys to see if they are being sqaure here. I really want to believe that they are but one can never be sure until it is put to the acid test?

[cmakin]

But they don't seem to mention the flag to determine the required license.

[c.captain]

Here's yet another that came across the wire on RigZone. Note the nationality/Visa requirements (not the capitalization is NOT MINE)

Chief Officer / SDPO - with B1 OCS visa

Company Name: ETPM
Job Category: Maritime
Education Level: Tech/Vocational Cert.
Req'd Experience: 3 years
Desired Expertise: Dynamic Position Officer, Ships Mate
Country: US
Location: GoM


Job Description

PLEASE DO NOT APPLY IF YOU DO NOT HAVE A B1 OCS VISA (UNLESS YOU ARE CANADIAN)

ETPM are currently looking for a Chief Officer / SDPO for a DSV working in the Gulf of Mexico - to join as soon as possible, for 3-4 weeks. DSV experience and full unlimited DP cert essential.

Day rate: GBP 360.00, door to door

To Apply Visit: http://www.rigzone.com/jobs/job_posting.asp?p_id=145086

The following capitalization is mine however:

LOUSY STINKING EMEFFER's WON"T EVEN CONSIDER AN AMERICAN FOR THE JOB! WHAT A G/D MESS OUR GULF OF MEXICO IS! THANK YOU SO BLOODY MUCH USCG AND DEPTARTMENT OF LABOR FOR SCREWING THE AMERICAN CITIZEN MARINER!

[bennie1saldana]

That's the Modus Op. with these kind of jobs

[Vanslack]

the s is starting to hit the fan for these guys...they have screwed plenty of us over, but they are in the news for this and other shenanigans...these companies are all thick as thieves...C-Mar, Oceanwide, Global Industries, Helix and others... Plaintiffs Danny Cunningham, Pablo Rubio Llamas, Jacob Van Dyke, Bernard Coleman, Todd Crews, Raphael Young and Wendell Smith, individually and on behalf of those similarly situated, filed a Third Amended Complaint on August 5, 2005 against Offshore Defendants, Horizon Defendants, McDermott, Stolt, Helix, and Global Defendants, collectively known as "Service Defendants," and also against O.W.I., Oceanwide Offshore, Oceanwide Houston, Humares, and C-MAR Defendants, collectively known as "Manning Defendants." Defendants Third Amended Complaint, Dkt. No. 66 at 1-2. Plaintiffs brought a class action for "damages caused by the loss of American jobs, the depression of wages, and the loss of benefits to American citizens and aliens lawfully admitted to the United States for permanent residence ("Legal Workers")." Id. at 2. Plaintiffs alleged that the Service Defendants "illegally depress the wages paid to their employees who work on vessels, rigs, platforms and other vehicles or structures on the [OCS], by employing large numbers of illegal workers to perform the work of the Service Defendants (the "Illegal Worker Hiring Scheme")." Id. http://www.ca5.uscourts.gov/opinions...36-CV0.wpd.pdf C-MAR directors face bribery trial http://www.telegraph.co.uk/finance/f...ery-trial.html I'm not a "sea lawyer" but we should keep an eye on this...