For HR teams working in maritime, transportation and related industries, understanding TWIC annotations on business visas is crucial for compliant hiring. Hector A. Chichoni of Greenspoon Marder breaks down the key requirements and processes behind these specialized credentials, providing practical guidance for managing secure facility access under heightened immigration scrutiny.
Transportation Worker Identification Credential (“TWIC”) annotations on B-1 visas and TWIC cards are an unusual topic for HR personnel because they are commonly required in connection with a limited number of jobs within the transportation industry, but TWIC is an important topic for HR, especially for those in HR dealing with immigration issues, which are expected to become more frequent as the second Trump Administration commences.
TWIC annotation on a B-1 visa and card is often required for security-sensitive sectors within the transportation industry. This includes dockside warehouses, port customs offices, ferries, airports, railroads, chemical plants, refineries, construction sites, certain merchant ships and many others.
TWIC annotation
A TWIC-annotated B-1 visa is a specific note and designation made by the US consulate on a visa granted to a visiting foreign professional or worker who requires access to secure facilities in the United States. The TWIC note and designation statement on a B-1 or B-1/B-2 visa evidences the principal visa holder is a “business visitor” who requires a TWIC to conduct activities in secure areas of U.S. facilities. To obtain a “TWIC Letter Received” annotation, applicants must first qualify for a B-1 visa.
The B-1 visa application, which is submitted to a US consulate, must be accompanied by a letter from the applicant’s employer explaining the need for a TWIC annotation. In general, the “TWIC letter” issued by the employer (or employers, if pursuant to an agreement with a foreign company) should include, among other things: background information about the company and applicant employee, the type of work the employee performs and his credentials, the location and duration of the work, the TWIC request (outlining the circumstances and situations where access to secure US facilities will be necessary) and the employer’s and employee’s specific contact information. Further, although the Foreign Affairs manual shows an example of the letter and provides guidance on letters submitted by an employer, there is no prohibition against providing additional information and evidence, which the employer may deem necessary to make the annotation and/or the granting of the visa more certain.
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Read moreDetailsIt is important to note that the “TWIC Letter Received” annotation doesn’t create a special visa classification or limit the traveler’s activities or stay. The traveler can use the B-1 or B-1/B-2 visa for activities not related to secure port areas (i.e. regular business meetings or visits for pleasure, if applicable). Further, it is my experience that applicants, coming to perform activities of a professional nature but based on agreement with a company outside of the US, can qualify for a “B-1 in Lieu of H-1B” and obtain the “TWIC Letter Received” notation.
Receiving the notation is not only important but is also part of a building block, because once the B visa is granted with the TWIC annotation, the foreign national employee upon entry to the US may apply for a TWIC card.
A B-1 visa holder is not entitled to unrestricted access to any secured maritime area. The areas in which the TWIC holder may have access, as authorized, are totally at the discretion of those who oversee the Maritime Transportation Security Act of 2002 (MTSA) facility. Moreover, authorization or access to the individual may be withdrawn.