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).
