§ 214.6 8 CFR Ch. I (1–1–12 Edition)

(3) Employment authorization or order to establish that the alien’s practical training. entry will be temporary, the alien (4) Request for reinstatement of stu- must demonstrate to the satisfaction dent status. of the inspecting immigration officer (5) Application for change of non- that his or her work assignment in the immigrant status. will end at a predictable (Secs. 103, 212, 214, 248; 8 U.S.C. 1103, 1182, time and that he or she will depart 1184, 1258) upon completion of the assignment. [48 FR 10297, Mar. 3, 1983] (c) Appendix 1603.D.1 to Annex 1603 of the NAFTA. Pursuant to the NAFTA, § 214.6 Citizens of Canada or Mexico an applicant seeking admission under seeking temporary entry under this section shall demonstrate business NAFTA to engage in business activi- ties at a professional level. activity at a professional level in one of the professions set forth in Appendix (a) General. Under section 214(e) of 1603.D.1 to Annex 1603. The professions the Act, a citizen of Canada or Mexico in Appendix 1603.D.1 and the minimum who seeks temporary entry as a busi- requirements for qualification for each ness person to engage in business ac- 1 tivities at a professional level may be are as follows: admitted to the United States in ac- APPENDIX 1603.D.1 (ANNOTATED) cordance with the North American Free Trade Agreement (NAFTA). —Accountant—Baccalaureate or (b) Definitions. As used in this sec- Licenciatura Degree; or C.P.A., C.A., tion, the terms: C.G.A., or C.M.A. Business activities at a professional —Architect—Baccalaureate or Licenciatura 2 level means those undertakings which Degree; or state/provincial license. require that, for successful completion, —Computer Systems Analyst—Bacca- laureate or Licenciatura Degree; or Post- the individual has a least a bacca- Secondary Diploma 3 or Post Secondary laureate degree or appropriate creden- Certificate 4 and three years’ experience. tials demonstrating status as a profes- —Disaster relief insurance claims adjuster sional in a profession set forth in Ap- (claims adjuster employed by an insur- pendix 1603.D.1 of the NAFTA. ance company located in the territory of Business person, as defined in the a Party, or an independent claims ad- NAFTA, means a citizen of Canada or juster)—Baccalaureate or Licenciatura Mexico who is engaged in the trade of Degree and successful completion of goods, the provision of services, or the conduct of investment activities. Engage in business activities at a pro- 1 A business person seeking temporary em- fessional level means the performance of ployment under this Appendix may also per- form training functions relating to the pro- prearranged business activities for a fession, including conducting seminars. United States entity, including an indi- 2 The terms ‘‘state/provincial license’’ and vidual. It does not authorize the estab- ‘‘state/provincial/federal license’’ mean any lishment of a business or practice in document issued by a state, provincial, or the United States in which the profes- federal government, as the case may be, or sional will be, in substance, self-em- under its authority, but not by a local gov- ployed. A professional will be deemed ernment, that permits a person to engage in to be self-employed if he or she will be a regulated activity or profession. 3 ‘‘Post Secondary Diploma’’ means a cre- rendering services to a corporation or dential issued, on completion of two or more entity of which the professional is the years of post secondary education, by an ac- sole or controlling shareholder or credited academic institution in Canada or owner. the United States. Temporary entry, as defined in the 4 ‘‘Post Secondary Certificate’’ means a NAFTA, means entry without the in- certificate issued, on completion of two or tent to establish permanent residence. more years of post secondary education at an The alien must satisfy the inspecting academic institution, by the federal govern- ment of Mexico or a state government in immigration officer that the proposed Mexico, an academic institution recognized stay is temporary. A temporary period by the federal government or a state govern- has a reasonable, finite end that does ment, or an academic institution created by not equate to permanent residence. In federal or state law.

396

VerDate Mar<15>2010 09:37 Mar 09, 2012 Jkt 226027 PO 00000 Frm 00406 Fmt 8010 Sfmt 8010 Y:\SGML\226027.XXX 226027 pmangrum on DSK3VPTVN1PROD with CFR Department of Homeland Security § 214.6

training in the appropriate areas of in- —Research Assistant (working in a post-sec- surance adjustment pertaining to dis- ondary educational institution)—Bacca- aster relief claims; or three years experi- laureate or Licenciatura Degree. ence in claims adjustment and successful —Scientific Technician/Technologist 6—Pos- completion of training in the appropriate session of (a) theoretical knowledge of areas of insurance adjustment pertaining any of the following disciplines: agricul- to disaster relief claims. tural sciences, astronomy, biology, —Economist—Baccalaureate or Licenciatura chemistry, engineering, forestry, geol- Degree. ogy, geophysics, meteorology, or physics; —Engineer—Baccalaureate or Licenciatura and (b) the ability to solve practical Degree; or state/provincial license. problems in any of those disciplines, or —Forester—Baccalaureate or Licenciatura the ability to apply principles of any of Degree; or state/provincial license. those disciplines to basic or applied re- —Graphic Designer—Baccalaureate or search. Licenciatura Degree; or Post-Secondary —Social Worker—Baccalaureate or Diploma or Post-Secondary Certificate Licenciatura Degree. and three years experience. —Sylviculturist (including Forestry Spe- —Hotel Manager—Baccalaureate or cialist)—Baccalaureate or Licenciatura Licenciatura Degree in hotel/restaurant Degree. management; or Post-Secondary Di- —Technical Publications Writer—Bacca- ploma or Post Secondary Certificate in laureate or Licenciatura Degree, or Post- hotel/restaurant management and three Secondary Diploma or Post-Secondary years experience in hotel/restaurant Certificate, and three years experience. management. —Industrial Designer—Baccalaureate or —Urban Planner (including Geographer)— Licenciatura Degree; or Post-Secondary Baccalaureate or Licenciatura Degree. Diploma or Post Secondary Certificate, —Vocational Counselor—Baccalaureate or and three years experience. Licenciatura Degree. —Interior Designer—Baccalaureate or Medical/Allied Professionals Licenciatura Degree or Post-Secondary Diploma or Post-Secondary Certificate, —Dentist—D.D.S., D.M.D., Doctor en and three years experience. Odontologia or Doctor en Cirugia Dental —Land Surveyor—Baccalaureate or or state/provincial license. Licenciatura Degree or state/provincial/ ——Baccalaureate or Licenciatura federal license. Degree; or state/provincial license. —Landscape Architect—Baccalaureate or —Medical Laboratory Technologist (Canada)/ Licenciatura Degree. Medical Technologist (Mexico and the — (including Notary in the province United States) 7—Baccalaureate or of Quebec)—L.L.B., J.D., L.L.L., B.C.L., Licenciatura Degree; or Post-Secondary or Licenciatura degree (five years); or Diploma or Post-Secondary Certificate, membership in a state/provincial bar. and three years experience. —Librarian—M.L.S., or B.L.S. (for which an- —Nutritionist—Baccalaureate or other Baccalaureate or Licenciatura De- Licenciatura Degree. gree was a prerequisite). —Occupational Therapist—Baccalaureate or —Management Consultant—Baccalaureate Licenciatura Degree; or state/provincial or Licenciatura Degree; or equivalent license. professional experience as established by statement or professional credential at- —Pharmacist—Baccalaureate or testing to five years experience as a man- Licenciatura Degree; or state/provincial agement consultant, or five years experi- license. ence in a field of specialty related to the —Physician (teaching or research only)— consulting agreement. M.D. Doctor en Medicina; or state/pro- —Mathematician (including Statistician)— vincial license. Baccalaureate or Licenciatura Degree. 5 —Range Manager/Range Conservationist— 6 A business person in this category must Baccalaureate or Licenciatura Degree. be seeking temporary entry for work in di- rect support of professionals in agricultural 5 The term ‘‘Mathematician’’ includes the sciences, astronomy, biology, chemistry, en- profession of Actuary. An Actuary must sat- gineering, forestry, geology, geophysics, me- isfy the necessary requirements to be recog- teorology or physics. nized as an actuary by a professional actu- 7 A business person in this category must arial association or society. A professional be seeking temporary entry to perform in a actuarial association or society means a pro- laboratory chemical, biological, fessional actuarial association or society op- hematological, immunologic, microscopic or erating in the territory of at least one of the bacteriological tests and analyses for diag- Parties. nosis, treatment, or prevention of diseases.

397

VerDate Mar<15>2010 09:37 Mar 09, 2012 Jkt 226027 PO 00000 Frm 00407 Fmt 8010 Sfmt 8010 Y:\SGML\226027.XXX 226027 pmangrum on DSK3VPTVN1PROD with CFR § 214.6 8 CFR Ch. I (1–1–12 Edition)

—Physiotherapist/Physical Therapist—Bac- —College—Baccalaureate or Licenciatura calaureate or Licenciatura Degree; or Degree. state/provincial license. —Seminary—Baccalaureate or Licenciatura —Psychologist—state/provincial license; or Degree. Licenciatura Degree. —University—Baccalaureate or Licenciatura —Recreational Therapist-Baccalaureate or Degree. Licenciatura Degree. —Registered nurse—state/provincial license (d) Classification of citizens of Canada or Licenciatura Degree. or Mexico as TN professionals under the ——D.V.M., D.M.V., or Doctor NAFTA—(1) Citizens of Mexico. A citizen en Veterinaria; or state/provincial li- of Mexico who seeks temporary entry cense. as a business person to engage in busi- —SCIENTIST ness activities at a professional level —Agriculturist (including Agronomist)— may be admitted to the United States Baccalaureate or Licenciatura Degree. in accordance with NAFTA upon pres- —Animal Breeder—Baccalaureate or Licenciatura Degree. entation of a valid passport and valid —Animal Scientist—Baccalaureate or TN nonimmigrant visa at a United Licenciatura Degree. States Class A port-of-entry, at a —Apiculturist—Baccalaureate or United States airport handling inter- Licenciatura Degree. national traffic, or at a United States —Astronomer—Baccalaureate or pre-clearance/pre-flight station. Licenciatura Degree. (2) Citizens of Canada. A citizen of —Biochemist—Baccalaureate or Licenciatura Degree. Canada seeking temporary entry as a —Biologist—Baccalaureate or Licenciatura business person to engage in business Degree. 8 activities at a professional level shall —Chemist—Baccalaureate or Licenciatura make application for admission with a Degree. Department officer at the United —Dairy Scientist—Baccalaureate or States Class A port-of-entry, at a Licenciatura Degree. United States airport handling inter- —Entomologist—Baccalaureate or Licenciatura Degree. national traffic, or at a United States —Epidemiologist—Baccalaureate or pre-clearance/pre-flight station. Licenciatura Degree. (3) Documentation. Upon application —Geneticist—Baccalaureate or Licenciatura for at a United States consular Degree. office, or, in the case of a citizen of —Geochemist—Baccalaureate or Canada making application for admis- Licenciatura Degree. sion at a port-of-entry, an applicant —Geologist—Baccalaureate or Licenciatura Degree. under this section shall present the fol- —Geophysicist (including Oceanographer in lowing: Mexico and the United States)—Bacca- (i) Proof of citizenship. A Mexican cit- laureate or Licenciatura Degree. izen applying for admission as a TN —Horticulturist—Baccalaureate or nonimmigrant must establish such Licenciatura Degree. citizenship by presenting a valid pass- —Meteorologist—Baccalaureate or Licenciatura Degree. port. Canadian citizens, while not re- —Pharmacologist—Baccalaureate or quired to present a valid passport for Licenciatura Degree. admission unless traveling from out- —Physicist (including Oceanographer in side the Western hemisphere, must es- Canada—Baccalaureate or Licenciatura tablish Canadian citizenship. Degree. (ii) Documentation demonstrating en- —Plant Breeder—Baccalaureate or gagement in business activities at a pro- Licenciatura Degree. —Poultry Scientist—Baccalaureate or fessional level and demonstrating profes- Licenciatura Degree. sional qualifications. The applicant —Soil Scientist—Baccalaureate or must present documentation sufficient Licenciatura Degree. to satisfy the consular officer (in the —Zoologist—Baccalaureate or Licenciatura case of a Mexican citizen) or the De- Degree. partment officer (in the case of a Cana- —TEACHER dian citizen) that the applicant is seek- ing entry to the United States to en- 8 The term ‘‘Biologist’’ includes the profes- gage in business activities for a United sion of Plant Pathologist. States employer(s) or entity(ies) at a

398

VerDate Mar<15>2010 09:37 Mar 09, 2012 Jkt 226027 PO 00000 Frm 00408 Fmt 8010 Sfmt 8010 Y:\SGML\226027.XXX 226027 pmangrum on DSK3VPTVN1PROD with CFR Department of Homeland Security § 214.6

professional level, and that the appli- 103.7(b)(1), provided that the original cant meets the criteria to perform at intended professional activities and such a professional level. This docu- employer(s) have not changed, and the mentation may be in the form of a let- Form I–94 has not expired. ter from the prospective employer(s) in (2) Without a valid I–94. If the alien the United States or from the foreign seeking readmission to the United employer, and must be supported by di- States in TN classification is no longer plomas, degrees or membership in a in possession of a valid, unexpired professional organization. Degrees re- Form I–94, and the period of initial ad- ceived by the applicant from an edu- mission in TN classification has not cational institution not located within lapsed, then a new Form I–94 may be Canada, Mexico, or the United States issued for the period of validity that must be accompanied by an evaluation by a reliable credentials evaluation remains on the TN nonimmigrant’s service which specializes in evaluating original Form I–94 with the legend foreign educational credentials. The ‘‘multiple entry’’ and the alien can documentation shall fully affirm: then be readmitted in TN status if the (A) The Appendix 1603.D.1 profession alien presents alternate evidence as of the applicant; follows: (B) A description of the professional (i) For Canadian citizens, alternate activities, including a brief summary evidence may include, but is not lim- of daily job duties, if appropriate, in ited to, a fee receipt for admission as a which the applicant will engage in for TN or a previously issued admission the United States employer/entity; stamp as TN in a passport, and a con- (C) The anticipated length of stay; firming letter from the United States (D The educational qualifications or employer(s). appropriate credentials which dem- (ii) For Mexican citizens seeking re- onstrate that the Canadian or Mexican admission as TN nonimmigrants, alter- citizen has professional level status; nate evidence shall consist of presen- and tation of a valid unexpired TN visa and (E) The arrangements for remunera- evidence of a previous admission. tion for services to be rendered. (h) Extension of stay. (1) Filing. A (e) Procedures for admission. A citizen United States employer of a citizen of of Canada or Mexico who qualifies for admission under this section shall be Canada or Mexico who is currently provided confirming documentation maintaining valid TN nonimmigrant and shall be admitted under the classi- status, or a United States entity (in fication symbol TN for a period not to the case of a citizen of Canada or Mex- exceed three years. The conforming ico who is currently maintaining valid document provided shall bear the leg- TN nonimmigrant status and is em- end ‘‘multiple entry.’’ The fee pre- ployed by a foreign employer), may re- scribed under 8 CFR 103.7(b)(1) shall be quest an extension of stay, subject to remitted by Canadian Citizens upon ad- the following conditions: mission to the United States pursuant (i) An extension of stay must be re- to the terms and conditions of the quested by filing the appropriate form NAFTA. Upon remittance of the pre- with the fee provided at 8 CFR scribed fee, the TN applicant for admis- 103.7(b)(1), in accordance with the form sion shall be provided a DHS-issued re- instructions with USCIS. ceipt on the appropriate form. (ii) The beneficiary must be phys- (f) [Reserved] ically present in the United States at (g) Readmission. (1) With a Form I–94. the time of the filing of the appropriate An alien may be readmitted to the form requesting an extension of stay as United States in TN classification for a TN nonimmigrant. If the alien is re- the remainder of the authorized period quired to leave the United States for of TN admission on Form I–94, without presentation of the letter or supporting any reason while the petition is pend- documentation described in paragraph ing, the petitioner may request that (d)(3) of this section, and without the USCIS notify the consular office where prescribed fee set forth in 8 CFR the beneficiary is required to apply for

399

VerDate Mar<15>2010 09:37 Mar 09, 2012 Jkt 226027 PO 00000 Frm 00409 Fmt 8010 Sfmt 8010 Y:\SGML\226027.XXX 226027 pmangrum on DSK3VPTVN1PROD with CFR § 214.6 8 CFR Ch. I (1–1–12 Edition)

a visa or, if visa exempt, a DHS-des- cludes a citizen of Canada or Mexico ignated port-of-entry where the bene- from applying for readmission to the ficiary will apply for admission to the United States for the purpose of pre- United States, of the approval. senting documentation from a different (iii) An extension of stay in TN sta- or additional United States or foreign tus may be approved by USCIS for a employer. Such documentation shall maximum period of three years. meet the requirements prescribed in (iv) There is no specific limit on the paragraph (d) of this section. The fee total period of time an alien may be in prescribed under 8 CFR 103.7(b)(1) shall TN status provided the alien continues be remitted by Canadian citizens upon to be engaged in TN business activities admission to the United States pursu- for a U.S. employer or entity at a pro- ant to the terms and conditions of the fessional level, and otherwise continues NAFTA. Citizens of Mexico may to properly maintain TN non- present documentation from a different immigrant status. or additional United States or foreign (2) Readmission at the border. Nothing employer to a consular officer as evi- in paragraph (h)(1) of this section shall dence in support of a new non- preclude a citizen of Canada or Mexico immigrant TN visa application. who has previously been admitted to (3) No action shall be required on the the United States in TN status, and part of a citizen of Canada or Mexico in who has not violated such status while TN status who is transferred to an- in the United States, from applying at other location by the same United a DHS-designated port-of-entry, prior States employer to perform the same to the expiration date of the previous services. Such an acceptable transfer period of admission, for a new three- would be to a branch or office of the year period of admission. The applica- employer. In a case of a transfer to a tion for a new period of admission must separately incorporated subsidiary or be supported by a new letter from the affiliate, the requirements of para- United States employer or the foreign graphs (i)(1) and (i)(2) of this section employer, in the case of a citizen of will apply. Canada who is providing prearranged services to a United States entity, (j) Spouse and unmarried minor chil- which meets the requirements of para- dren accompanying or following to join. graph (d) of this section, together with (1) The spouse or unmarried minor chil- the appropriate filing fee as noted in 8 dren of a citizen of Canada or Mexico CFR 103.7(b)(1). Citizens of Mexico admitted in TN nonimmigrant status, must present a valid passport and a if otherwise admissible, may be admit- valid, unexpired TN nonimmigrant visa ted initially, readmitted, or granted a when applying for readmission, as out- change of nonimmigrant status or an lined in paragraph (d)(1) of this section. extension of his or her period of stay (i) Request for change or addition of for the same period of time granted to United States employers—(1) Filing at the the TN nonimmigrant. Such spouse or service center. A citizen of Canada or unmarried minor children shall, upon Mexico admitted into the United approval of an application for admis- States as a TN nonimmigrant who sion, readmission, change of status or seeks to change or add a United States extension of stay be classified as TD employer during the period of admis- nonimmigrants. A request for a change sion must have the new employer file a of status to TD or an extension of stay Form I–129 with appropriate supporting of a TD nonimmigrant may be made on documentation, including a letter from the appropriate form together with ap- the new employer describing the serv- propriate filing fees and evidence of the ices to be performed, the time needed principal alien’s current TN status. to render such services, and the terms (2) The spouse or unmarried minor of remuneration for services. Employ- children of a citizen of Canada or Mex- ment with a different or with an addi- ico admitted in TN nonimmigrant sta- tional employer is not authorized prior tus shall be required to present a valid, to Department approval of the request. unexpired TD nonimmigrant visa un- (2) Readmission at the border. Nothing less otherwise exempt under 8 CFR in paragraph (i)(1) of those section pre- 212.1.

400

VerDate Mar<15>2010 09:37 Mar 09, 2012 Jkt 226027 PO 00000 Frm 00410 Fmt 8010 Sfmt 8010 Y:\SGML\226027.XXX 226027 pmangrum on DSK3VPTVN1PROD with CFR Department of Homeland Security § 214.7

(3) The spouse and unmarried minor stoppage of workers will not constitute children of a citizen of Canada or Mex- a ground for removal, any alien who ico admitted in TN nonimmigrant sta- violates his or her status or who re- tus shall be issued confirming docu- mains in the United States after his or mentation bearing the legend ‘‘mul- her authorized period of stay has ex- tiple entry.’’ There shall be no fee re- pired will be subject to removal. quired for admission of the spouse and (3) If there is a strike or other labor unmarried minor children. dispute involving a work stoppage of (4) The spouse and unmarried minor workers in progress but such strike or children of a citizen of Canada or Mex- other labor dispute is not certified ico admitted in TN nonimmigrant sta- under paragraph (k)(1) of this section, tus shall not accept employment in the or USCIS has not otherwise been in- United States unless otherwise author- formed by the Secretary that such a ized under the Act. strike or labor dispute is in progress, (k) Effect of a strike. (1) If the Sec- Director of USCIS shall not deny a pe- retary of Labor certifies or otherwise tition or deny entry to an applicant for informs the Director of USCIS that a TN status based upon such strike or strike or other labor dispute involving other labor dispute. a work stoppage of workers is in progress, and the temporary entry of a [58 FR 69212, Dec. 30, 1993, as amended at 63 citizen of Mexico or Canada in TN non- FR 1335, Jan. 9, 1998; 69 FR 11289, Mar. 10, immigrant status may adversely affect 2004; 69 FR 60941, Oct. 13, 2004; 73 FR 61334, Oct. 16, 2008] the settlement of any labor dispute or the employment of any person who is § 214.7 Habitual residence in the terri- involved in such dispute, the United tories and possessions of the United States may refuse to issue an immigra- States and consequences thereof. tion document authorizing the entry or employment of such an alien. (a) Definitions. As used in this sec- (2) If the alien has already com- tion, the term: menced employment in the United (1) Compacts means the agreements of States and is participating in a strike free association between the United or other labor dispute involving a work States and the governments of the Re- stoppage of workers, whether or not public of the Marshall Islands, the Fed- such strike or other labor dispute has erated States of Micronesia, and Palau, been certified by the Department of approved by Public Law 99–239 with re- Labor, or whether USCIS has been oth- spect to the governments of the Repub- erwise informed that such a strike or lic of the Marshall Islands and the Fed- labor dispute is in progress, the alien erated States of Micronesia, and by shall not be deemed to be failing to Public Law 99–658, with respect to maintain his or her status solely on ac- Palau. count of past, present, or future par- (2) Freely associated states (FAS) ticipation in a strike or other labor means the following parts of the dispute involving a work stoppage of former Trust Territories of the Pacific workers, but is subject to the following Islands, namely, the Republic of the terms and conditions: Marshall Islands, the Federated States (i) The alien shall remain subject to of Micronesia, and Palau. all applicable provisions of the Immi- (3) Territories and possessions of the gration and Nationality Act and regu- United States means all territories and lations promulgated in the same man- possessions of the United States to ner as all other TN nonimmigrants; which the Act applies, including those (ii) The status and authorized period commonwealths of the United States of stay of such an alien is not modified that are not States. It does not include or extended in any way by virtue of his American Samoa, as long as the Act or her participation in a strike or other does not apply to it. labor dispute involving a work stop- (4)(i) Habitual resident means a citizen page of workers; and of the FAS who has been admitted to a (iii) Although participation by a TN territory or possession of the United nonimmigrant alien in a strike or States (other than American Samoa, as other labor dispute involving a work long as the Act is not applicable to it)

401

VerDate Mar<15>2010 09:37 Mar 09, 2012 Jkt 226027 PO 00000 Frm 00411 Fmt 8010 Sfmt 8010 Y:\SGML\226027.XXX 226027 pmangrum on DSK3VPTVN1PROD with CFR