Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 41

[Public Notice 2600]

Visas: Documentation of Nonimmigrants Under the Immigration and

Nationality Act, as Amended

AGENCY: Bureau of Consular Affairs, Department of State.

ACTION: Final rule.

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SUMMARY: This final rule implements Chapter 16 of the North American

Free Trade Agreement (NAFTA), and sections 341 and 342 of the North

American Free Trade Agreement Implementation Act, (the Implementation

Act), signed December 8, 1993, which address the movement of business

persons among the United States, Canada, and Mexico. This rule

finalizes the interim regulations published in the Federal Register on

December 28, 1993 [58 FR 68526] concerning two nonimmigrant visa

classifications, treaty traders and investors and intracompany

transferees, and promulgates new regulations for a category for

professionals under INA section 214(e), as amended by the

Implementation Act.

EFFECTIVE DATE: January 1, 1994.

FOR FURTHER INFORMATION CONTACT: Stephen K. Fischel, Director, Office

of Legislation, Regulations and Advisory Opinions, Visa Office, (202)

663-1184.

SUPPLEMENTARY INFORMATION: On December 28, 1993, the Department of

State published an interim rule at 58 FR 68526. This rule which amended

22 CFR part 41 by amending Secs. 41.51 and 41.54 and by adding a new

Sec. 41.59 took effect on January 1, 1994. The rule implements Chapter

16 of the North American Free Trade Agreement (NAFTA), entitled

``Temporary Entry for Business Persons'', and addresses the movement of

business persons among the Parties to the Agreement. Chapter 16 is

patterned on the similarly titled Chapter 15 of the United States

Canada Free Trade Agreement (CFTA). This chapter relates to four

nonimmigrant visa categories in the U.S. Immigration and Nationality

Act: temporary visitors for business under INA 101(a)(15)(B); treaty

trader and investors under INA 101(a)(15)(E); intracompany transferees

under INA 101(a)(15)(L); and NAFTA professionals under INA 214(e) as

amended by the Implementation Act.

Comments

The Department received no comments from the public during the

comment period. The only modification from the interim rule is a minor

wording change in Sec. 41.59(c), definition of temporary entry, to

comport with the specific language of NAFTA and with INS' definition

[see 58 FR 69212 Dec. 30, 1993 and 63 FR 1331, Jan. 9, 1998].

Final Rule

This final rule is not expected to have a ``significant economic

impact'' on a substantial number of small entities under the Regulatory

Flexibility Act. This rule imposes no reporting or recordkeeping action

from the public requiring the approval of the Office of Management and

Budget under the Paperwork Reduction Act requirements. This rule has

been reviewed as required by E.O. 12988 and certified to be in

compliance therewith. This rule is exempted from E.O. 12866 but has

been reviewed to ensure consistency therewith.

List of Subjects in 22 CFR 41

Aliens, Nonimmigrants, Intracompany Transferees, (executives,

managers, and specialists), Professionals Under the North American Free

Trade Agreement, Treaty Trader or Investor, Visas.

Accordingly, the regulations at 22 CFR 41.51 and 41.54 are adopted

as published in the interim rule at 58 FR 68526 and Sec. 41.59 is

amended as follows:

[[Page 10305]]

PART 41--[AMENDED]

1. The authority citation for Part 41 continues to read as follows:

Authority: 8 U.S.C. 1104; 19 U.S.C. 3401 and 3401 Note.

2. Sec. 41.59 is amended by revising paragraph (c) to read as

follows:

Sec. 41.59 Professionals Under the North American Free Trade

Agreement.

* * * * *

(c) Temporary entry. Temporary entry means an entry into the United

States without the intent to establish permanent residence. The alien

must satisfy the consular officer that the proposed stay is temporary.

A temporary period has a reasonable, finite end that does not equate to

permanent residence. The circumstances surrounding an application

should reasonably and convincingly indicate that the alien's temporary

work assignment in the United States will end predictably and that the

alien will depart upon completion of the assignment.

* * * * *

Dated: September 9, 1997.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 98-5241 Filed 3-2-98; 8:45 am]

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