[Federal Register Volume 63, Number 41 (Tuesday, March 3, 1998)]
[Rules and Regulations]
[Pages 10304-10305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5241]


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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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