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Rules and Regulations Federal Register Vol 11287 Rules and Regulations Federal Register Vol. 69, No. 47 Wednesday, March 10, 2004 This section of the FEDERAL REGISTER DC 20536. To ensure proper handling, visitor is a businessperson from another contains regulatory documents having general please reference CIS No. 2266–03 on NAFTA party who seeks to engage in an applicability and legal effect, most of which your correspondence. Comments may occupation or profession with one of the are keyed to and codified in the Code of also be submitted electronically to the seven categories of business activities Federal Regulations, which is published under Department at [email protected]. When listed in Appendix 1603.A.1. The seven 50 titles pursuant to 44 U.S.C. 1510. submitting comments electronically, categories of business activities listed in The Code of Federal Regulations is sold by you must include CIS No. 2266–03 in Appendix 1603.A.1 represent a the Superintendent of Documents. Prices of the subject box so that the comments complete business cycle and include: (1) new books are listed in the first FEDERAL can be electronically routed to the Research and Design; (2) Growth, REGISTER issue of each week. appropriate office for review. Comments Manufacture and Production; (3) may be inspected at the above address Marketing; (4) Sales; (5) Distribution; (6) by calling (202) 514–3291 to arrange for After-Sales Service; and (7) General DEPARTMENT OF HOMELAND an appointment. Service. SECURITY FOR FURTHER INFORMATION CONTACT: Traders and investors are admitted to the United States under the E–1 and E– 8 CFR Part 214 Craig Howie, Staff Officer, Business and Trade Services Branch, Program and 2 nonimmigrant categories, respectively, [CIS No. 2266–03] Regulations Development, Bureau of under section 101(a)(15)(E) of the Act. A trader is an alien in the United States RIN 1615–AA96 Citizenship and Immigration Services, Department of Homeland Security, 425 admitted soley to carry on trade of a substantial nature principally between Eliminating the Numerical Cap on I Street, NW., ULLICO—3rd Floor, the United States and the country of the Mexican TN Nonimmigrants Washington, DC 20536, telephone (202) 514–3228. alien’s nationality. An investor is an AGENCY: Department of Homeland alien who has invested or is actively in SUPPLEMENTARY INFORMATION: Security. the process of investing a substantial ACTION: Interim rule with request for What Is the NAFTA? amount of capital in a bona fide comments. On December 17, 1992, The United enterprise in the United States. Intra-company transferees are States, Canada and Mexico signed the SUMMARY: admitted to the United States under the This rule removes the annual North American Free Trade Agreement numerical cap on the number of L–1 nonimmigrant classification (NAFTA). The NAFTA entered into (section 101(a)(15)(L) of the Act). An Mexican professional admissions under force on January 1, 1994, creating one of the North American Free Trade intra-company transferee is an alien the largest trade areas in the world. who, within 3 years preceding the time Agreement (NAFTA). This rule also Under the terms of the agreement, eliminates the associated requirement of of his or her application for admission NAFTA allows for the temporary entry into the United States, has been a petition for a Mexican-based NAFTA of qualified businesspersons from each professional and the corresponding employed abroad continuously for 1 of the parties to the agreement. Chapter year by a firm or corporation or other labor condition application. These 16 of the NAFTA is entitled A changes to the regulations are consistent legal entity or parent, branch, affiliate, Temporary Entry of Business Persons, or subsidiary, and who seeks to enter with the NAFTA’s requirement that the and in addition to reflecting the annual numerical cap and petition the United States temporarily to render preferential trading relationship his or her services to a branch of the provisions for Mexican professionals between the parties to the agreement, it sunset by January 1, 2004. Note that on same employer or as parent, affiliate, or reflects the member nations’ desire to subsidiary thereof in a capacity that is March 1, 2003, the Immigration and facilitate temporary entry on a Naturalization Service (Service) managerial, executive, or involves reciprocal basis. It also establishes specialized knowledge. transferred from the Department of procedures for temporary entry, Justice to the Department of Homeland Professionals under the NAFTA are addresses the need to ensure border admitted to the United States as Trade Security (the Department) pursuant to security and seeks to protect the the Homeland Security Act of 2002, NAFTA (TN) nonimmigrant aliens domestic labor force in the member under section 214(e) of the Act. Public Law 107–296. Accordingly, the nations. Service’s adjudication function Chapter 16 of the NAFTA and Annex What Is a TN Nonimmigrant Alien? transferred to the Bureau of Citizenship 1603 to Article 1603 of the NAFTA A TN nonimmigrant alien is a citizen and Immigration Services (BCIS) of the established four categories of of Canada or Mexico who seeks Department. businesspersons to be allowed admission to the United States, under DATES: Effective date. This interim rule temporary entry into the territory of the provisions of Section D of Annex is effective on January 1, 2004. another NAFTA party. The four 1603 of the NAFTA, to engage in Comment date. Written comments categories are: (1) Business visitors; (2) business activities at a professional level must be submitted on or before May 10, traders and investors; (3) intra-company as provided for in such annex. The 2004. transferees; and (4) professionals. NAFTA parties have agreed that 63 ADDRESSES: Please submit written Business visitors under the NAFTA occupations qualify as professions. comments to the Director, Regulations are admitted to the United States under These occupations are listed in the and Forms Services Division, the B–1 nonimmigrant classification Appendix 1603.D.1 to Annex 1603 to Department of Homeland Security, 425 (section 101(a)(15)(B) of the Immigration the NAFTA found in 8 CFR 214.6(c). I Street, NW., Room 4034, Washington, and Nationality Act (Act)). A business The list contains the only professions in VerDate jul<14>2003 15:20 Mar 09, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\10MRR1.SGM 10MRR1 11288 Federal Register / Vol. 69, No. 47 / Wednesday, March 10, 2004 / Rules and Regulations which an alien can engage in and obtain and LCA requirement on citizens of 1, 2004, are as follows: This rule is admission to the United States as a TN Mexico for a temporary period. In this necessary to ensure that the Department nonimmigrant alien. case, the additional controls were put is in compliance with the requirements into place for 10 years. (These placed upon the signatory nations that What Changes Are Noted in This Rule? additional controls were not imposed on are parties to the NAFTA. As previously Appendix 1603.D.4 of the NAFTA, Canadian citizens.) Since the 10-year noted in this interim rule, the NAFTA reflected in section 214(e)(4) and (5) of period will end on January 1, 2004, the requires the lifting of the annual cap of the Act, establishes an annual numerical Department will fulfill its obligations 5,500 Mexican TN professionals no ceiling of 5,500 on Mexican TN under the NAFTA by eliminating these longer than 10 years after the date the admissions. In order to accurately requirements from its regulations. NAFTA became effective. Therefore, administer this cap, the Department has regardless of whether the Department required the filing of Form I–129, Will Extension Requests and Requests promulgates regulations, the annual cap Petition for Alien Worker. This rule for a Change of Employer Continue To of Mexican TN professionals will sunset eliminates the annual numerical cap for Require a Form I–129 Petition and on January 1, 2004. By eliminating the citizens of Mexico seeking a visa and LCA? cap and petition requirements now, the admission as a TN nonimmigrant. As is currently the case, requests for Executive Branch of the Federal Because this rule reflects the an extension of stay and requests to add Government will be in compliance with elimination of the numerical cap (as or change employers must be submitted this requirement made by the NAFTA. required by the provisions of the on Form I–129. However, no LCA will Adoption of this rule as an interim NAFTA), it will also eliminate the be required in order to obtain an rule acknowledges the importance of petition requirement, which has extension. It should be noted that the equal treatment for both the Canadian allowed the Department to manage the extension request made on Form I–129 and Mexican governments. In addition, numerical limit. One requirement is not a petition for status within the the provisions of this interim rule will associated with the filing of the Form I– meaning of section 214(c)(1) of the Act not have a negative affect on any 129 petition was the requirement of a and does not confer any of the appeal qualified Mexican citizen seeking TN certified labor condition application rights normally associated with a status, nor will it affect the qualified (LCA). Because the numerical cap is petition. Form I–129 is required to United States employer. The rule will eliminated, these associated obtain an extension of stay. The Form I– eliminate one portion of the requirements are also eliminated. 129 in the context of an application for administrative process by which a extension of stay is merely the vehicle qualified Mexican citizen may obtain What Is the Current Process Used by by which the Department collects the TN status.
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