[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Rules and Regulations]
[Pages 61064-61066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24045]


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DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice: 11462]
RIN 1400-AF34


Visas: Nonimmigrant Visas

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: The Department of State (Department) is amending its 
regulation governing nonimmigrant visas by amending its rules to remove 
references to the North American Free Trade Agreement (NAFTA) and 
replace them with references to the United States-Mexico-Canada 
Agreement (USMCA).

DATES: This final rule is effective on December 6, 2021.

FOR FURTHER INFORMATION CONTACT: Claire Kelly, Office of Visa Services, 
Bureau of Consular Affairs, Department of State, 600 19th St. NW, 
Washington, DC 20006, (202) 485-7586.

SUPPLEMENTARY INFORMATION:

What changes is the Department making to 22 CFR 41.12 and 41.59?

    The Department is amending 22 CFR 41.12 and 41.59 to remove 
references to NAFTA and replace them with references to the USMCA, 
which entered into force on July 1, 2020, and replaced NAFTA.

I. Regulatory Findings

Administrative Procedure Act

    This rule is issued without prior notice and comment, with an 
effective

[[Page 61065]]

date 30 days after publication in the Federal Register, pursuant to the 
Administrative Procedure Act (``APA''), 5 U.S.C. 553(b)(3)(A) and 
(d)(2), because it re-states existing agency procedure or practice. As 
noted in the Preamble, the USMCA has replaced NAFTA, and visas 
previously issued to NAFTA professionals are now issued to USMCA 
professionals. Congress has amended 8 U.S.C. 1184(e) to replace 
references to NAFTA with references to the USMCA. The purpose of this 
rule is to make technical corrections to the regulatory text to replace 
references to NAFTA with references to USMCA, and consequently, it is 
not subject to the notice and comment rulemaking procedures set forth 
in 5 U.S.C. 553.

Regulatory Flexibility Act/Executive Order 13272: Small Business

    Because this final rule is exempt from notice and comment 
rulemaking under 5 U.S.C. 553, it is exempt from the regulatory 
flexibility analysis requirements set forth by the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq.

Unfunded Mandates Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any year and it will not significantly or uniquely 
affect small governments. Therefore, no actions were deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

Congressional Review Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804(2), for 
purposes of congressional review of agency rulemaking. The Department 
does not believe that this rule will result in an annual effect on the 
economy of $100 million or more; a major increase in costs or prices; 
or adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of U.S.-based companies to 
compete with foreign-based companies in domestic and import markets.

Executive Orders 12866, and 13563: Reducing Regulation and Controlling 
Regulatory Cost

    The Department has reviewed this rule to ensure its consistency 
with the regulatory philosophy and principles set forth in Executive 
Orders 12866 and 13563, and has determined that the benefits of this 
regulation, i.e., updating these rules to reflect the current 
agreement, outweigh any cost imposed by this rulemaking, which the 
Department assesses to be minimal.

Executive Orders 12372 and 13132: Federalism

    While the USMCA itself may have an effect on States, this 
regulation will not have substantial direct effects on the States, on 
the relationship between the national government and the States, or the 
distribution of power and responsibilities among the various levels of 
government. Therefore, this rule will not have federalism implications 
warranting the application of Executive Orders 12372 and 13132.

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    The Department has determined that this rulemaking will not have 
tribal implications, will not impose substantial direct compliance 
costs on Indian tribal governments, and will not preempt tribal law. 
Accordingly, the requirements of section 5 of Executive Order 13175 do 
not apply to this rulemaking.

Paperwork Reduction Act

    This rule does not impose or revise any reporting or record-keeping 
requirements under the provisions of the Paperwork Reduction Act, 44 
U.S.C. Chapter 35.

List of Subjects in 22 CFR Part 41

    Aliens, Passports and visas.

    Accordingly, under the authority 8 U.S.C. 1104 and 22 U.S.C. 
2651(a), 22 CFR part 41 is amended as follows:

PART 41--VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE 
IMMIGRATION AND NATIONALITY ACT, AS AMENDED

0
1. The authority citation for part 41 continues to read as follows:

    Authority:  8 U.S.C. 1101; 1102; 1104; 1182; 1184; 1185 note 
(section 7209 of Pub. L. 108-458, as amended by section 546 of Pub. 
L. 109-295); 1323; 1361; 2651a.


0
2. Amend Sec.  41.12 by revising the introductory text and revising the 
entries for ``TD'' and ``TN'' in the table to read as follows:


Sec.  41.12  Classification symbols.

    A visa issued to a nonimmigrant alien within one of the classes 
described in this section shall bear an appropriate visa symbol to show 
the classification of the alien. The symbol shall be inserted in the 
space provided on the visa. The following visa symbols shall be used:

------------------------------------------------------------------------
                                                                Section
          Symbol                          Class                  of law
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
TN........................  USMCA Professional...............  214(e)(1)
TD........................  Spouse or Child of a USMCA         214(e)(1)
                             Professional.
 
                                * * * * *
------------------------------------------------------------------------


0
3. Revise Sec.  41.59 to read as follows:


Sec.  41.59   Professionals under the United States-Mexico-Canada 
Agreement (USMCA).

    (a) Requirements for classification as a USMCA professional. An 
alien shall be classifiable under the provisions of INA 214(e) if:
    (1) The consular officer is satisfied that the alien qualifies 
under the provisions of that section; and
    (2) The alien shall have presented to the consular officer 
sufficient evidence of an offer of employment in the United States 
requiring employment of a person in a professional capacity consistent 
with Section D and Appendix 2 of Annex 16-A of Chapter 16 of the USMCA 
and sufficient evidence that the alien possesses the credentials of 
that profession as listed in said appendix; or
    (3) The alien is the spouse or child of an alien so classified in 
accordance with paragraph (a)(2) of this section and is accompanying or 
following to join the principal alien.
    (b) Visa validity. The period of validity of a visa issued pursuant 
to paragraph (a) of this section may not exceed the period established 
on a reciprocal basis.
    (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.
    (d) Labor disputes. Citizens of Canada or Mexico shall not be 
entitled to classification under this section if the Secretary of 
Homeland Security and the Secretary of Labor have certified that:
    (1) There is in progress a strike or lockout in the course of a 
labor dispute in the occupational classification at the place or 
intended place of employment; and
    (2) The alien has failed to establish that the alien's entry will 
not affect

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adversely the settlement of the strike or lockout or the employment of 
any person who is involved in the strike or lockout.

Kevin E. Bryant,
Acting Director, Office of Directives Management, Department of State.
[FR Doc. 2021-24045 Filed 11-4-21; 8:45 am]
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