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8 CFR Ch. I (1–1–12 Edition) § 214.6

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8 CFR Ch. I (1–1–12 Edition) § 214.6 § 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. United States 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/ —Dietitian—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 —Lawyer (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
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