Period of Admission and Stay for Canadian and Mexican Citizens Engaged in Professional Business Activities-TN Nonimmigrants, 26340-26344 [E8-10343]
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26340
Proposed Rules
Federal Register
Vol. 73, No. 91
Friday, May 9, 2008
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Parts 214 and 248
[CIS No. 2429–07; DHS Docket No. USCIS–
2007–0056]
RIN 1615–AB64
Period of Admission and Stay for
Canadian and Mexican Citizens
Engaged in Professional Business
Activities—TN Nonimmigrants
U.S. Citizenship and
Immigration Services, DHS.
ACTION: Proposed rule.
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AGENCY:
SUMMARY: This rule affects certain
Canadian and Mexican citizens who
seek temporary entry as professionals to
the United States pursuant to the TN
classification, as established by the
North American Free Trade Agreement
(NAFTA or Agreement). TN
nonimmigrants are Canadian or
Mexican citizens who obtain temporary
entry into the United States as business
persons to engage in business activities
at a professional level. This rule
proposes to increase the maximum
allowable period of admission for TN
nonimmigrants from one year to three
years, and allow otherwise eligible TN
nonimmigrants to be granted an
extension of stay in increments of up to
three years instead of the current
maximum of one year. TD
nonimmigrants (‘‘NAFTA Dependent’’)
are the spouses and unmarried minor
children of TN nonimmigrants. TD
nonimmigrants who would otherwise be
eligible for TD nonimmigrant status
would be eligible to be admitted and
seek extensions for the same period of
time as the TN principal. The purpose
of this narrow change is to remove
certain administrative requirements on
TN nonimmigrants and U.S. employers
and U.S. entities, thereby making this
nonimmigrant classification more
attractive to eligible professionals and
their U.S. employers. The rule also
proposes to remove filing location
requirements from the TN regulations
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and instead provides that such locations
will be prescribed by form instructions
in order to provide more flexibility in
program administration, as well as
making certain technical modifications
to eliminate outdated references to prior
requirements. Finally, this rule proposes
to revise the text of 8 CFR 214.1(a)(2)
and (c)(1) and 8 CFR 248.3 by replacing
the outdated term ‘‘TC’’ (the previous
classification given to Canadian workers
under the 1989 Canada-United States
Free Trade Agreement) with ‘‘TN.’’
DATES: Written comments must be
submitted on or before June 9, 2008.
ADDRESSES: You may submit comments,
identified by DHS Docket No. USCIS–
2007–0056 by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: You may submit comments
directly to USCIS by e-mail at
rfs.regs@dhs.gov. Include DHS Docket
No. USCIS–2007–0056 in the subject
line of the message.
• Mail: Chief, Regulatory
Management Division, U.S. Citizenship
and Immigration Services, Department
of Homeland Security, 111
Massachusetts Avenue, NW., Suite
3008, Washington, DC 20529. To ensure
proper handling, please reference DHS
Docket No. USCIS–2007–0056 on your
correspondence. This mailing address
may also be used for paper, disk, or CD–
ROM submissions.
• Hand Delivery/Courier: U.S.
Citizenship and Immigration Services,
Department of Homeland Security, 111
Massachusetts Avenue, NW., 3rd Floor,
Washington, DC 20529. Contact
Telephone Number is (202) 272–8377.
FOR FURTHER INFORMATION CONTACT:
Patricia Jepsen, Adjudications Officer,
Business and Trade Services, Office of
Service Center Operations, U.S.
Citizenship and Immigration Services,
Department of Homeland Security, 111
Massachusetts Avenue, NW., 3rd Floor,
Washington, DC 20529, telephone (202)
272–8410.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Interested persons are invited to
participate in this rulemaking by
submitting written data, views, or
arguments on all aspects of this
proposed rule. U.S. Citizenship and
Immigration Services (USCIS) also
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invites comments that relate to the
economic, environmental, or federalism
effects that might result from this
proposed rule. Comments that will
provide the most assistance to USCIS in
developing these procedures will
reference a specific portion of the
proposed rule, explain the reason for
any recommended change, and include
data, information, or authority that
support such recommended change.
Instructions: All submissions received
must include the agency name and DHS
Docket No. USCIS–2007–0056. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received go to https://
www.regulations.gov. Submitted
comments may also be inspected at the
Regulatory Management Division, U.S.
Citizenship and Immigration Services,
Department of Homeland Security, 111
Massachusetts Avenue, NW., 3rd Floor,
Washington, DC 20529.
II. Background
A. The North American Free Trade
Agreement
On December 17, 1992, the United
States, Canada and Mexico signed the
North American Free Trade Agreement
(NAFTA or Agreement). On December 8,
1993, the President signed into law the
North American Free Trade Agreement
Implementation Act, Public Law 103–
182 (NAFTA Implementation Act).
Among other things, the NAFTA
Implementation Act created a new
section 214(e) of the Immigration and
Nationality Act, as amended (INA),
which created the TN classification for
nonimmigrant professionals seeking
admission to the United States under
NAFTA. Almost immediately following
the enactment of this law, on January 1,
1994, NAFTA went into effect, thereby
creating one of the largest free trade
areas in the world. Chapter 16 of
NAFTA provides for the temporary
entry of qualified business persons from
each of the countries that are signatories
to the Agreement. This chapter of
NAFTA establishes four categories of
business persons who may be allowed
temporary entry into the territory of
another NAFTA party. The four
categories are: (1) Business visitors; (2)
traders and investors; (3) intra-company
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transferees; and (4) professionals. As
discussed below, this proposed
regulation would change certain
regulatory provisions dealing with the
fourth category, NAFTA professionals,
by amending 8 CFR 214.6.
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B. The TN Nonimmigrant Classification
The TN nonimmigrant classification
permits qualified Canadian and
Mexican citizens to seek temporary
entry into the United States as business
persons to engage in business activities
at a professional level. 8 CFR 214.6(a).
The specific occupations which qualify
for the TN classification are set forth in
Chapter 16 of NAFTA, Annex 1603,
Appendix 1603.D.1., and are
reproduced at 8 CFR 214.6(c). Among
the types of professionals who are
eligible to seek admission as TN
nonimmigrants are certain accountants,
engineers, lawyers, pharmacists,
scientists, and teachers. The spouses
and unmarried minor children of TN
nonimmigrants, if otherwise admissible,
may be granted TD nonimmigrant
classification. 8 CFR 214.6(j). Although
neither the NAFTA Implementation Act
nor the INA prescribes a maximum
period of admission to the United States
for TN nonimmigrants and their
dependents, USCIS regulations
currently provide that TN
nonimmigrants may be admitted to the
United States for a period not to exceed
one year. 8 CFR 214.6(e).
Currently, TN nonimmigrants
generally may be readmitted to the
United States for the remainder of the
period authorized on their Form I–94,
provided that the TN nonimmigrant’s
originally-intended professional activity
and employer(s) have not changed. 8
CFR 214.6(g)(1) and (2). TN
nonimmigrants also may apply to U.S.
Citizenship and Immigration Services
(USCIS) for admission for a period of
time that extends beyond the date of
their original terms of admission at any
U.S. port-of-entry. 8 CFR 214.6(h)(2). TN
professionals also may, upon
application to USCIS, be granted
extensions of stay for a maximum
period of one year. 8 CFR 214.6(h)(1).
The spouse and unmarried minor
children of TN professionals, if
otherwise eligible, may be admitted in
TD classification for the period of time
granted to the TN professional, and may
seek extensions of stay for the same
period as the TN professional.
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III. Changes Made by This Rule
A. Increased Time of Admission,
Extension of Stay, and Readmission at
the Border
TN nonimmigrants are not subject to
any maximum period of stay, as long as
they continue to be engaged in TN
business activities for a U.S. employer
or U.S. entity at a professional level,
provided they maintain the requisite
nonimmigrant intent to depart the
United States at the conclusion of their
authorized periods of stay. USCIS
regulations, however, require that such
persons, if they wish to remain in the
United States beyond the period of their
initial admission, either seek
readmission in TN status or apply for an
extension of stay no less frequently than
annually. 8 CFR 214.6(h). This
requirement involves, at a minimum,
the annual submission of
documentation and payment of the
filing fees specified in 8 CFR 103.7. This
proposed rule would ease
administrative burdens on TN
nonimmigrants (and their TD
dependents) as well as on the U.S.
employers and U.S. entities by
increasing the period of time granted to
a TN nonimmigrant upon admission, or
pursuant to a timely filed request for
extension of stay, from a maximum of
one year to a maximum of three years.
The proposed rule at 8 CFR 214.6(h)(2)
would also permit a TN nonimmigrant
to apply for admission at a designated
port-of-entry for a period of time that
extends beyond the date of original
admission for up to three years.
The proposed rule does not alter any
otherwise applicable evidentiary
requirements, change existing filing fee
requirements as set forth in 8 CFR 103.7,
expand the maximum period of stay in
TN status which is already indefinite, or
expand the principle of ‘‘dual intent’’ to
TN nonimmigrants or their TD
dependents.1 Instead, the proposed
changes would increase the initial
period of admission, extension of stay,
and readmission at the border; provide
a cost and resource savings for
employers and nonimmigrants alike;
and reduce the potential for an
interruption of employment due to
foreign travel requirements or delays in
processing times, thereby contributing
to a more stable and predictable
1 The dual intent doctrine holds that even though
a nonimmigrant visa applicant has previously
expressed a desire to enter the United States as an
immigrant—and may still have such a desire—that
does not of itself preclude the issuance of a
nonimmigrant visa to him nor preclude his being
a bona fide nonimmigrant. Matter of H-R-, 7 I&N
Dec. 651, 654 (INS Reg. Comm’r 1958). See also INA
section 214(h) (limiting dual intent to certain H, L,
and V nonimmigrants); 8 U.S.C. 1184(h).
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workforce. By reducing administrative
costs and burdens, these changes are
expected to make the TN nonimmigrant
classification more attractive to
professionals and their U.S. employers.
In addition, by extending the initial
period of admission, extension of stay,
and readmission at the border from one
year to three years, the TN
nonimmigrant classification will mirror
the periods of admission (or extension
of stay) for other highly skilled
nonimmigrant categories such as H–1B,
thus making the TN nonimmigrant
classification a workable alternative to
those other high-skill categories for
certain Canadian and Mexican
professionals. Finally, this proposal may
encourage other NAFTA signatories to
reciprocate by effecting similar
liberalizing measures with respect to
citizens of the United States seeking
admission to their countries under the
NAFTA.
B. Changes to TD Spouses and
Unmarried Minor Children
In a change from the current
regulation, the proposed rule would
explicitly state that spouses and
unmarried minor children of TN
professionals, if otherwise eligible, may
be admitted or readmitted in TD
classification for the period of time
granted to the TN professional, and may
seek extensions of stay or change of
nonimmigrant status for the same period
as the TN professional. An application
for change of status or extension of stay
for a TD spouse or unmarried minor
child would be filed on Form I–539.
C. Filing Location
This rule also proposes to eliminate
references to specific filing locations in
current 8 CFR 214.6(h)(1). It is not
necessary for USCIS to indicate in the
Code of Federal Regulations where
documents will be accepted. Further,
fluctuations in volume, shifting
workload needs, and benefits processing
modifications may make variation of
petition and application filing locations
necessary in order to better use USCIS
resources and serve customers.
Codification of filing locations restricts
USCIS’ ability to address changed
circumstances. Filing locations will still
be found on USCIS forms and the USCIS
Web site. Customers may also call the
USCIS customer service line for
information on where to file their
documents, or may call the agency
listing in the government resources
pages of their local telephone
directories. Moreover, as has been past
practice, USCIS will provide the public
with an adequate transition period to
adapt to any changes to the current
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filing location (the Vermont Service
Center), should USCIS, in the future,
find it necessary to change the filing
location(s) for TN applications.
D. Clarification and Correction
This rule also proposes to revise the
text in 8 CFR 214.6(g) and (h) to make
them more readable and would revise
the text of 8 CFR 214.1(a)(2) and (c)(1)
and 8 CFR 248.3 by replacing the
outdated term ‘‘TC’’ with ‘‘TN.’’ ‘‘TC’’
was the previous classification given to
Canadian workers entering under the
terms of the Canada-United States Free
Trade Agreement, which went into
effect on January 1, 1989 and was
subsequently replaced by NAFTA.
NAFTA created a new nonimmigrant
classification, ‘‘TN,’’ which includes
both Canadian and Mexican workers. In
addition, USCIS proposes to delete
paragraph (k)(2) from section 214.6.
This paragraph relates to the now
obsolete requirement of a petition for
Mexican TN admissions. The sunset of
this provision was announced in 69 FR
11287.
The rule also proposes to add a phrase
at the end of 214.6(k)(3) to make it clear
that, although the Director may not deny
a petition, suspend an approved
petition, or deny entry to an applicant
for TN status based upon a strike or
labor dispute involving a work stoppage
of workers in progress that has not been
certified under (k)(1), the examining
officer must consider all relevant facts
in determining an alien’s eligibility for
TN classification.
IV. Regulatory Requirements
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A. Regulatory Flexibility Act
DHS has reviewed this proposed rule
in accordance with the Regulatory
Flexibility Act. The Regulatory
Flexibility Act of 1980, 5 U.S.C. 601–
612, as amended by the Small Business
Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104–121), requires Federal
agencies to conduct a regulatory
flexibility analysis which describes the
impact of the proposed rule on small
entities whenever an agency is
publishing a notice of proposed
rulemaking under 5 U.S.C. 553(b). A
small entity may be a small business
(defined as any independently owned
and operated business not dominant in
its field that qualifies as a small
business per the Small Business Act); a
small not-for-profit organization; or a
small governmental jurisdiction
(locality with fewer than 50,000 people).
This rule will reduce compliance
costs on the regulated industries. This
rule will save the public in information
collection costs, USCIS fees, and legal
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costs, because TN and TD status holders
will not have to renew their status each
year. There are no provisions in this
rule that add compliance costs.
Therefore, USCIS can certify that this
rule will not have a significant
economic impact on a substantial
number of small entities.
B. Unfunded Mandates Reform 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 one 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.
C. Small Business Regulatory
Enforcement Fairness Act of 1996
This rule is not a major rule as
defined by section 804 of the Small
Business Regulatory Enforcement Act of
1996. This rule will not result in an
annual effect on the economy of $100
million or more; a major increase in
costs or prices; or significant adverse
effects on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
D. Executive Order 12866 (Regulatory
Planning and Review)
This rule has been designated as a
‘‘significant regulatory action’’ by the
Office of Management and Budget
(OMB) under Executive Order 12866,
section 3(f), Regulatory Planning and
Review. Accordingly, an analysis of the
economic impacts of this rule has been
prepared and submitted to the Office of
Management and Budget (OMB) for
review. DHS has determined that this
rule decreases the costs imposed by the
TN nonimmigrant program on the
government as well as the public. The
changes made by this rule will result in
more satisfaction with the NAFTA
professional program among the
participating employers and the TN
status holders by increasing program
flexibility and loosening time and travel
restrictions. The expected effect is an
increase in the number of TN status
petitions filed with and approved by
USCIS. A small economic benefit may
result from the increased availability of
scarce workers for U.S. employers in
particular fields and industries. This
rule will result in fees collected by
USCIS for filings associated with TN
status decreasing by approximately $2.4
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million per year as a result of this rule.
In addition, total paperwork burden
costs on the public will decrease by
about 12,225 hours and $340,000 as a
result of fewer required filings.
Eventually, DOS and USCBP annual fee
collections from TN nonimmigrants will
also decrease as a result of this proposed
rule. A copy of the complete analysis is
available in the rulemaking docket for
this rule at https://www.regulations.gov,
under Docket No. USCIS–2007–0056, or
by calling the information contact listed
above.
E. Executive Order 13132 (Federalism)
This rule would have no substantial
direct effects on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, this
rule does not have sufficient federalism
implications to warrant the preparation
of a federalism summary impact
statement.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995, Public Law 104–13, 109 Stat.
163 (1995) (PRA), all Departments are
required to submit to OMB, for review
and approval, any reporting or
recordkeeping requirements inherent in
a rule. This rulemaking does not impose
any new reporting or recordkeeping
requirements under the Paperwork
Reduction Act. However, by requiring
TN and TD status renewals every three
years instead of every year, this rule will
reduce the volume of Form I–129
filings, Form I–907, Request for
Premium Processing Service, filings,
and Form I–539, Application To
Extend/Change Nonimmigrant Status,
filings per year and the aggregate
paperwork burden on the public
accordingly. When the rule is published
as a final rule, USCIS will submit the
appropriate requests for non-substantive
change to OMB to reflect the reduced
annual respondents and costs.
List of Subjects
8 CFR Part 214
Administrative practice and
procedure, Aliens, Employment,
Reporting and recordkeeping
requirements.
8 CFR Part 248
Aliens, Reporting and recordkeeping
requirements.
Accordingly, chapter I of title 8 of the
Code of Federal Regulations is proposed
to be amended as follows:
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PART 214—NONIMMIGRANT CLASSES
1. The authority citation for part 214
continues to read as follows:
Authority: 8 U.S.C. 1101, 1102, 1103, 1182,
1184, 1186a, 1187, 1221, 1258, 1281, 1282,
1301–1305 and 1372; sec. 643, Pub. L. 104–
208, 110 Stat. 3009–708; section 141 of the
Compacts of Free Association with the
Federated States of Micronesia and the
Republic of the Marshall Islands, and with
the Government of Palau, 48 U.S.C. 1901
note, and 1931 note, respectively; 8 CFR part
2.
§ 214.1
[Amended]
2. Section 214.1 is amended by:
a. Removing the designation ‘‘Cdn
FTA, Professional’’ and ‘‘TC’’ from the
list in paragraph (a)(2);
b. Removing the term ‘‘TC’’ and
adding ‘‘TN’’ in its place in the first
sentence in paragraph (c)(1).
3. Section 214.6 is amended by:
a. Revising the section heading and by
revising paragraphs (e), (g), and (h);
b. Redesignating paragraphs (j)(1),
(j)(2) and (j)(3) as paragraphs (j)(2), (j)(3),
and (j)(4), respectively;
c. Adding a new paragraph (j)(1);
d. Revising newly redesignated
paragraphs (j)(2), (j)(3), and (j)(4); and by
e. Revising paragraph (k);
The addition and revisions read as
follows:
§ 214.6 Citizens of Canada or Mexico
seeking temporary entry under NAFTA to
engage in business activities at a
professional level.
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*
*
*
*
*
(e) Procedures for admission. A
citizen of Canada or Mexico who
qualifies for admission under this
section shall be provided confirming
documentation (Form I–94) and shall be
admitted under the classification
symbol TN for a period not to exceed
three years. Form I–94 shall bear the
legend ‘‘multiple entry.’’ The fee
prescribed under 8 CFR 103.7(b)(1) shall
be remitted by Canadian Citizens upon
admission to the United States pursuant
to the terms and conditions of the
NAFTA. Upon remittance of the
prescribed fee, the TN applicant for
admission shall be provided a
Department-issued receipt (Form G–211,
Form G–711, or Form I–797).
*
*
*
*
*
(g) Readmission. (1) With a Form I–94.
An alien may be readmitted to the
United States in TN classification for
the remainder of the period of TN
admission authorized on Form I–94,
without presentation of the letter or
supporting documentation described in
paragraph (d)(3) of this section and
without the prescribed fee set forth in 8
CFR 103.7(b)(1), provided that the
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original intended professional activities
and employer(s) have not changed, and
the Form I–94 has not expired.
(2) Without a valid I–94. If the alien
seeking readmission to the United States
in TN classification is no longer in
possession of a valid, unexpired Form I–
94, and the period of initial admission
in TN classification has not lapsed, a
new Form I–94 may be issued for the
period of validity that remains on the
TN nonimmigrant’s original Form I–94
with the legend ‘‘multiple entry’’ and
the alien readmitted in TN status if the
alien presents alternate evidence as
follows:
(i) For Canadian citizens, alternate
evidence may include, but is not limited
to, a fee receipt for admission as a TN
or a previously issued admission stamp
as TN in a passport, and a confirming
letter from the United States
employer(s).
(ii) For Mexican citizens seeking
readmission as TN nonimmigrants,
alternate evidence shall consist of
presentation of a valid TN visa and
evidence of a previous admission.
(h) Extension of stay. (1) Filing. A
United States employer of a citizen of
Canada or Mexico who is currently
maintaining valid TN nonimmigrant
status, or a United States entity (in the
case of a citizen of Canada or Mexico
who is currently maintaining valid TN
nonimmigrant status and is employed
by a foreign employer), may request an
extension of stay, subject to the
following conditions:
(i) An extension of stay must be
requested by filing Form I–129 with the
prescribed fee noted at 8 CFR
103.7(b)(1), in accordance with the form
instructions.
(ii) The beneficiary must be
physically present in the United States
at the time of the filing of the Form I–
129 requesting an extension of stay as a
TN nonimmigrant. If the alien is
required to leave the United States for
any reason while the Form I–129 is
pending, the petitioner may request
USCIS to notify the consular office
where the beneficiary is required to
apply for a visa or, if visa exempt, a
DHS-designated port-of-entry where the
beneficiary will apply for admission to
the United States, of the approval.
(iii) An extension of stay may be
approved by USCIS for a maximum of
three years.
(iv) There is no specific limit on the
total period of time an alien may be in
TN status provided the alien is
continuing to be engaged in TN business
activities for a U.S. employer or entity
at a professional level and otherwise
continues to properly maintain
nonimmigrant TN status.
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(2) Readmission at the border.
Nothing in paragraph (h)(1) of this
section shall preclude a citizen of
Canada or Mexico who has previously
been admitted to the United States in
TN status, and has not violated such
status while in the United States, from
applying at a DHS-designated port-ofentry, prior to the expiration date of that
period of admission, for a new period of
admission not to exceed three years
from the date of request for such new
period of admission. The application for
a new period of admission shall be
supported by a new letter from the
United States employer or the foreign
employer, in the case of a citizen of
Canada who is providing prearranged
services to a United States entity, which
meets the requirements of paragraph (d)
of this section, together with the
appropriate filing fee noted at 8 CFR
103.7(b)(1). Citizens of Mexico must
present a valid passport and
nonimmigrant TN visa when applying
for readmission, as outlined in
paragraph (d)(1) of this section.
*
*
*
*
*
(j) * * *
(1) The spouse or unmarried minor
children of a citizen of Canada or
Mexico admitted in TN nonimmigrant
status, if they are otherwise admissible,
may be admitted initially, readmitted, or
granted a change of nonimmigrant status
or an extension of his or her period of
stay for the same period of time granted
to the TN nonimmigrant. Such spouse
or unmarried minor children shall,
upon approval of an application for
admission, readmission, change of
status or extension of stay be classified
as TD nonimmigrants. A request for a
change of status to TD or an extension
of stay of a TD nonimmigrant may be
made on Form I–539 together with
appropriate filing fees and evidence of
the principal alien’s current TN status.
(2) The spouse or unmarried minor
children of a citizen of Canada or
Mexico admitted in TN nonimmigrant
status shall be required to present a
valid, unexpired nonimmigrant TD visa
unless otherwise exempt under Sec.
212.1 of this chapter.
(3) The spouse and unmarried minor
children of a citizen of Canada or
Mexico admitted in TN nonimmigrant
status shall be issued confirming
documentation (Form I–94) bearing the
legend ‘‘multiple entry’’. There shall be
no fee required for admission of the
spouse and unmarried minor children.
(4) The spouse and unmarried minor
children of a citizen of Canada or
Mexico admitted in TN nonimmigrant
status shall not accept employment in
the United States unless otherwise
authorized under the Act.
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Federal Register / Vol. 73, No. 91 / Friday, May 9, 2008 / Proposed Rules
(k) Effect of a strike. (1) If the
Secretary of Labor certifies to or
otherwise informs the Director of USCIS
that a strike or other labor dispute
involving a work stoppage of workers is
in progress, and the temporary entry of
a citizen of Mexico or Canada in TN
nonimmigrant status may affect
adversely the settlement of any labor
dispute or the employment of any
person who is involved in such dispute,
the United States may refuse to issue an
immigration document authorizing
entry or employment to such alien.
(2) If the alien has already
commenced employment in the United
States and is participating in a strike or
other labor dispute involving a work
stoppage of workers, whether or not
such strike or other labor dispute has
been certified by the Department of
Labor, or whether USCIS has been
otherwise informed that such a strike or
labor dispute is in progress, the alien
shall not be deemed to be failing to
maintain his or her status solely on
account of past, present, or future
participation in a strike or other labor
dispute involving a work stoppage of
workers, but is subject to the following
terms and conditions:
(i) The alien shall remain subject to
all applicable provisions of the
Immigration and Nationality Act and
regulations promulgated in the same
manner as all other TN nonimmigrants;
(ii) The status and authorized period
of stay of such an alien is not modified
or extended in any way by virtue of his
or her participation in a strike or other
labor dispute involving a work stoppage
of workers; and
(iii) Although participation by a TN
nonimmigrant alien in a strike or other
labor dispute involving a work stoppage
of workers will not constitute a ground
for removal, any alien who violates his
or her status or who remains in the
United States after his or her authorized
period of stay has expired will be
subject to removal.
(3) If there is a strike or other labor
dispute involving a work stoppage of
workers in progress, but such strike or
other labor dispute is not certified under
paragraph (k)(1) of this section, or
USCIS has not otherwise been informed
by the Secretary that such a strike or
labor dispute is in progress, the
Director, USCIS, shall not deny a
petition or deny entry to an applicant
for TN status based upon such strike or
other labor dispute.
PART 248—CHANGE OF
NONIMMIGRANT CLASSIFICATION
4. The authority citation for part 248
continues to read as follows:
VerDate Aug<31>2005
16:15 May 08, 2008
Jkt 214001
Authority: 8 U.S.C. 1101, 1103, 1184, 1258;
8 CFR part 2.
§ 248.3
[Amended]
5. Section 248.3 is amended by
removing the term ‘‘TC’’ and adding
‘‘TN’’ in its place in the first sentence
of paragraph (a)(1).
Dated: May 2, 2008.
Michael Chertoff,
Secretary.
[FR Doc. E8–10343 Filed 5–8–08; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 2
[Docket No. APHIS–2006–0024]
RIN 0579–AC14
Minimum Age Requirements for the
Transport of Animals
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
AGENCY:
SUMMARY: We propose to amend the
Animal Welfare Act regulations by
adding minimum age requirements for
the transport in commerce of animals.
The regulations currently contain such
requirements for dogs and cats, but no
corresponding ones for other regulated
animals, despite the risks associated
with the early transport of these species.
We also propose to amend the
regulations to allow, provided certain
conditions are met, for animals to be
transported without their mothers for
medical treatment and for scientific
research before reaching the minimum
age and weaning requirement.
Establishing minimum age requirements
for the transport in commerce of
animals and providing for the transport
of animals that have not met the
minimum age requirements are
necessary to help ensure the humane
treatment of these animals.
DATES: We will consider all comments
that we receive on or before July 8,
2008.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/fdmspublic/
component/
main?main=DocketDetail&d=APHIS2006-0024 to submit or view comments
and to view supporting and related
materials available electronically.
• Postal Mail/Commercial Delivery:
Please send two copies of your comment
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
to Docket No. APHIS–2006–0024,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A–03.8, 4700
River Road Unit 118, Riverdale, MD
20737–1238. Please state that your
comment refers to Docket No. APHIS–
2006–0024.
Reading Room: You may read any
comments that we receive on this
docket in our reading room. The reading
room is located in Room 1141 of the
USDA South Building, 14th Street and
Independence Avenue, SW.,
Washington, DC. Normal reading room
hours are 8 a.m. to 4:30 p.m., Monday
through Friday, except holidays. To be
sure someone is there to help you,
please call (202) 690–2817 before
coming.
Other Information: Additional
information about APHIS and its
programs is available on the Internet at
https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Barbara Kohn, Senior Staff Veterinarian,
Animal Care, APHIS, 4700 River Road
Unit 84, Riverdale, MD 20737–1231;
(301) 734–7833.
SUPPLEMENTARY INFORMATION:
Background
The Animal Welfare Act (the Act) (7
U.S.C. 2131 et seq.) authorizes the
Secretary of Agriculture to promulgate
standards and other requirements
governing the humane handling, care,
treatment, and transportation of certain
animals by dealers, research facilities,
exhibitors, carriers, and intermediate
handlers. The Secretary of Agriculture
has delegated the responsibility of
enforcing the Act to the Administrator
of the Animal and Plant Health
Inspection Service (APHIS). The
regulations established under the Act
are contained in title 9 of the Code of
Federal Regulations (9 CFR), chapter I,
subchapter A, parts 1, 2, and 3. The
regulations in 9 CFR part 2 pertain to
the safe and humane handling of
animals.
Section 2.130 sets forth minimum age
requirements for dogs and cats to be
transported in commerce. Under
§ 2.130, dogs and cats cannot be
transported in commerce or delivered
by any person unless they are 8 weeks
of age and have been weaned, except if
transported to a registered research
facility. Currently, no such requirements
exist for other regulated animals. It is
our position that all animals should be
afforded the same protections as
provided for dogs and cats. We are
currently developing standards for birds
in a separate proposed rule; therefore,
birds were not considered during the
development of the proposed minimum
age requirements in this rule.
E:\FR\FM\09MYP1.SGM
09MYP1
Agencies
[Federal Register Volume 73, Number 91 (Friday, May 9, 2008)]
[Proposed Rules]
[Pages 26340-26344]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10343]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 73, No. 91 / Friday, May 9, 2008 / Proposed
Rules
[[Page 26340]]
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 214 and 248
[CIS No. 2429-07; DHS Docket No. USCIS-2007-0056]
RIN 1615-AB64
Period of Admission and Stay for Canadian and Mexican Citizens
Engaged in Professional Business Activities--TN Nonimmigrants
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This rule affects certain Canadian and Mexican citizens who
seek temporary entry as professionals to the United States pursuant to
the TN classification, as established by the North American Free Trade
Agreement (NAFTA or Agreement). TN nonimmigrants are Canadian or
Mexican citizens who obtain temporary entry into the United States as
business persons to engage in business activities at a professional
level. This rule proposes to increase the maximum allowable period of
admission for TN nonimmigrants from one year to three years, and allow
otherwise eligible TN nonimmigrants to be granted an extension of stay
in increments of up to three years instead of the current maximum of
one year. TD nonimmigrants (``NAFTA Dependent'') are the spouses and
unmarried minor children of TN nonimmigrants. TD nonimmigrants who
would otherwise be eligible for TD nonimmigrant status would be
eligible to be admitted and seek extensions for the same period of time
as the TN principal. The purpose of this narrow change is to remove
certain administrative requirements on TN nonimmigrants and U.S.
employers and U.S. entities, thereby making this nonimmigrant
classification more attractive to eligible professionals and their U.S.
employers. The rule also proposes to remove filing location
requirements from the TN regulations and instead provides that such
locations will be prescribed by form instructions in order to provide
more flexibility in program administration, as well as making certain
technical modifications to eliminate outdated references to prior
requirements. Finally, this rule proposes to revise the text of 8 CFR
214.1(a)(2) and (c)(1) and 8 CFR 248.3 by replacing the outdated term
``TC'' (the previous classification given to Canadian workers under the
1989 Canada-United States Free Trade Agreement) with ``TN.''
DATES: Written comments must be submitted on or before June 9, 2008.
ADDRESSES: You may submit comments, identified by DHS Docket No. USCIS-
2007-0056 by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: You may submit comments directly to USCIS by e-
mail at rfs.regs@dhs.gov. Include DHS Docket No. USCIS-2007-0056 in the
subject line of the message.
Mail: Chief, Regulatory Management Division, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529. To
ensure proper handling, please reference DHS Docket No. USCIS-2007-0056
on your correspondence. This mailing address may also be used for
paper, disk, or CD-ROM submissions.
Hand Delivery/Courier: U.S. Citizenship and Immigration
Services, Department of Homeland Security, 111 Massachusetts Avenue,
NW., 3rd Floor, Washington, DC 20529. Contact Telephone Number is (202)
272-8377.
FOR FURTHER INFORMATION CONTACT: Patricia Jepsen, Adjudications
Officer, Business and Trade Services, Office of Service Center
Operations, U.S. Citizenship and Immigration Services, Department of
Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor,
Washington, DC 20529, telephone (202) 272-8410.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of this
proposed rule. U.S. Citizenship and Immigration Services (USCIS) also
invites comments that relate to the economic, environmental, or
federalism effects that might result from this proposed rule. Comments
that will provide the most assistance to USCIS in developing these
procedures will reference a specific portion of the proposed rule,
explain the reason for any recommended change, and include data,
information, or authority that support such recommended change.
Instructions: All submissions received must include the agency name
and DHS Docket No. USCIS-2007-0056. All comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received go to https://www.regulations.gov. Submitted comments
may also be inspected at the Regulatory Management Division, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529.
II. Background
A. The North American Free Trade Agreement
On December 17, 1992, the United States, Canada and Mexico signed
the North American Free Trade Agreement (NAFTA or Agreement). On
December 8, 1993, the President signed into law the North American Free
Trade Agreement Implementation Act, Public Law 103-182 (NAFTA
Implementation Act). Among other things, the NAFTA Implementation Act
created a new section 214(e) of the Immigration and Nationality Act, as
amended (INA), which created the TN classification for nonimmigrant
professionals seeking admission to the United States under NAFTA.
Almost immediately following the enactment of this law, on January 1,
1994, NAFTA went into effect, thereby creating one of the largest free
trade areas in the world. Chapter 16 of NAFTA provides for the
temporary entry of qualified business persons from each of the
countries that are signatories to the Agreement. This chapter of NAFTA
establishes four categories of business persons who may be allowed
temporary entry into the territory of another NAFTA party. The four
categories are: (1) Business visitors; (2) traders and investors; (3)
intra-company
[[Page 26341]]
transferees; and (4) professionals. As discussed below, this proposed
regulation would change certain regulatory provisions dealing with the
fourth category, NAFTA professionals, by amending 8 CFR 214.6.
B. The TN Nonimmigrant Classification
The TN nonimmigrant classification permits qualified Canadian and
Mexican citizens to seek temporary entry into the United States as
business persons to engage in business activities at a professional
level. 8 CFR 214.6(a). The specific occupations which qualify for the
TN classification are set forth in Chapter 16 of NAFTA, Annex 1603,
Appendix 1603.D.1., and are reproduced at 8 CFR 214.6(c). Among the
types of professionals who are eligible to seek admission as TN
nonimmigrants are certain accountants, engineers, lawyers, pharmacists,
scientists, and teachers. The spouses and unmarried minor children of
TN nonimmigrants, if otherwise admissible, may be granted TD
nonimmigrant classification. 8 CFR 214.6(j). Although neither the NAFTA
Implementation Act nor the INA prescribes a maximum period of admission
to the United States for TN nonimmigrants and their dependents, USCIS
regulations currently provide that TN nonimmigrants may be admitted to
the United States for a period not to exceed one year. 8 CFR 214.6(e).
Currently, TN nonimmigrants generally may be readmitted to the
United States for the remainder of the period authorized on their Form
I-94, provided that the TN nonimmigrant's originally-intended
professional activity and employer(s) have not changed. 8 CFR
214.6(g)(1) and (2). TN nonimmigrants also may apply to U.S.
Citizenship and Immigration Services (USCIS) for admission for a period
of time that extends beyond the date of their original terms of
admission at any U.S. port-of-entry. 8 CFR 214.6(h)(2). TN
professionals also may, upon application to USCIS, be granted
extensions of stay for a maximum period of one year. 8 CFR 214.6(h)(1).
The spouse and unmarried minor children of TN professionals, if
otherwise eligible, may be admitted in TD classification for the period
of time granted to the TN professional, and may seek extensions of stay
for the same period as the TN professional.
III. Changes Made by This Rule
A. Increased Time of Admission, Extension of Stay, and Readmission at
the Border
TN nonimmigrants are not subject to any maximum period of stay, as
long as they continue to be engaged in TN business activities for a
U.S. employer or U.S. entity at a professional level, provided they
maintain the requisite nonimmigrant intent to depart the United States
at the conclusion of their authorized periods of stay. USCIS
regulations, however, require that such persons, if they wish to remain
in the United States beyond the period of their initial admission,
either seek readmission in TN status or apply for an extension of stay
no less frequently than annually. 8 CFR 214.6(h). This requirement
involves, at a minimum, the annual submission of documentation and
payment of the filing fees specified in 8 CFR 103.7. This proposed rule
would ease administrative burdens on TN nonimmigrants (and their TD
dependents) as well as on the U.S. employers and U.S. entities by
increasing the period of time granted to a TN nonimmigrant upon
admission, or pursuant to a timely filed request for extension of stay,
from a maximum of one year to a maximum of three years. The proposed
rule at 8 CFR 214.6(h)(2) would also permit a TN nonimmigrant to apply
for admission at a designated port-of-entry for a period of time that
extends beyond the date of original admission for up to three years.
The proposed rule does not alter any otherwise applicable
evidentiary requirements, change existing filing fee requirements as
set forth in 8 CFR 103.7, expand the maximum period of stay in TN
status which is already indefinite, or expand the principle of ``dual
intent'' to TN nonimmigrants or their TD dependents.\1\ Instead, the
proposed changes would increase the initial period of admission,
extension of stay, and readmission at the border; provide a cost and
resource savings for employers and nonimmigrants alike; and reduce the
potential for an interruption of employment due to foreign travel
requirements or delays in processing times, thereby contributing to a
more stable and predictable workforce. By reducing administrative costs
and burdens, these changes are expected to make the TN nonimmigrant
classification more attractive to professionals and their U.S.
employers. In addition, by extending the initial period of admission,
extension of stay, and readmission at the border from one year to three
years, the TN nonimmigrant classification will mirror the periods of
admission (or extension of stay) for other highly skilled nonimmigrant
categories such as H-1B, thus making the TN nonimmigrant classification
a workable alternative to those other high-skill categories for certain
Canadian and Mexican professionals. Finally, this proposal may
encourage other NAFTA signatories to reciprocate by effecting similar
liberalizing measures with respect to citizens of the United States
seeking admission to their countries under the NAFTA.
---------------------------------------------------------------------------
\1\ The dual intent doctrine holds that even though a
nonimmigrant visa applicant has previously expressed a desire to
enter the United States as an immigrant--and may still have such a
desire--that does not of itself preclude the issuance of a
nonimmigrant visa to him nor preclude his being a bona fide
nonimmigrant. Matter of H-R-, 7 I&N Dec. 651, 654 (INS Reg. Comm'r
1958). See also INA section 214(h) (limiting dual intent to certain
H, L, and V nonimmigrants); 8 U.S.C. 1184(h).
---------------------------------------------------------------------------
B. Changes to TD Spouses and Unmarried Minor Children
In a change from the current regulation, the proposed rule would
explicitly state that spouses and unmarried minor children of TN
professionals, if otherwise eligible, may be admitted or readmitted in
TD classification for the period of time granted to the TN
professional, and may seek extensions of stay or change of nonimmigrant
status for the same period as the TN professional. An application for
change of status or extension of stay for a TD spouse or unmarried
minor child would be filed on Form I-539.
C. Filing Location
This rule also proposes to eliminate references to specific filing
locations in current 8 CFR 214.6(h)(1). It is not necessary for USCIS
to indicate in the Code of Federal Regulations where documents will be
accepted. Further, fluctuations in volume, shifting workload needs, and
benefits processing modifications may make variation of petition and
application filing locations necessary in order to better use USCIS
resources and serve customers. Codification of filing locations
restricts USCIS' ability to address changed circumstances. Filing
locations will still be found on USCIS forms and the USCIS Web site.
Customers may also call the USCIS customer service line for information
on where to file their documents, or may call the agency listing in the
government resources pages of their local telephone directories.
Moreover, as has been past practice, USCIS will provide the public with
an adequate transition period to adapt to any changes to the current
[[Page 26342]]
filing location (the Vermont Service Center), should USCIS, in the
future, find it necessary to change the filing location(s) for TN
applications.
D. Clarification and Correction
This rule also proposes to revise the text in 8 CFR 214.6(g) and
(h) to make them more readable and would revise the text of 8 CFR
214.1(a)(2) and (c)(1) and 8 CFR 248.3 by replacing the outdated term
``TC'' with ``TN.'' ``TC'' was the previous classification given to
Canadian workers entering under the terms of the Canada-United States
Free Trade Agreement, which went into effect on January 1, 1989 and was
subsequently replaced by NAFTA. NAFTA created a new nonimmigrant
classification, ``TN,'' which includes both Canadian and Mexican
workers. In addition, USCIS proposes to delete paragraph (k)(2) from
section 214.6. This paragraph relates to the now obsolete requirement
of a petition for Mexican TN admissions. The sunset of this provision
was announced in 69 FR 11287.
The rule also proposes to add a phrase at the end of 214.6(k)(3) to
make it clear that, although the Director may not deny a petition,
suspend an approved petition, or deny entry to an applicant for TN
status based upon a strike or labor dispute involving a work stoppage
of workers in progress that has not been certified under (k)(1), the
examining officer must consider all relevant facts in determining an
alien's eligibility for TN classification.
IV. Regulatory Requirements
A. Regulatory Flexibility Act
DHS has reviewed this proposed rule in accordance with the
Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980, 5
U.S.C. 601-612, as amended by the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), requires Federal agencies to
conduct a regulatory flexibility analysis which describes the impact of
the proposed rule on small entities whenever an agency is publishing a
notice of proposed rulemaking under 5 U.S.C. 553(b). A small entity may
be a small business (defined as any independently owned and operated
business not dominant in its field that qualifies as a small business
per the Small Business Act); a small not-for-profit organization; or a
small governmental jurisdiction (locality with fewer than 50,000
people).
This rule will reduce compliance costs on the regulated industries.
This rule will save the public in information collection costs, USCIS
fees, and legal costs, because TN and TD status holders will not have
to renew their status each year. There are no provisions in this rule
that add compliance costs. Therefore, USCIS can certify that this rule
will not have a significant economic impact on a substantial number of
small entities.
B. Unfunded Mandates Reform 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 one 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.
C. Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not
result in an annual effect on the economy of $100 million or more; a
major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
D. Executive Order 12866 (Regulatory Planning and Review)
This rule has been designated as a ``significant regulatory
action'' by the Office of Management and Budget (OMB) under Executive
Order 12866, section 3(f), Regulatory Planning and Review. Accordingly,
an analysis of the economic impacts of this rule has been prepared and
submitted to the Office of Management and Budget (OMB) for review. DHS
has determined that this rule decreases the costs imposed by the TN
nonimmigrant program on the government as well as the public. The
changes made by this rule will result in more satisfaction with the
NAFTA professional program among the participating employers and the TN
status holders by increasing program flexibility and loosening time and
travel restrictions. The expected effect is an increase in the number
of TN status petitions filed with and approved by USCIS. A small
economic benefit may result from the increased availability of scarce
workers for U.S. employers in particular fields and industries. This
rule will result in fees collected by USCIS for filings associated with
TN status decreasing by approximately $2.4 million per year as a result
of this rule. In addition, total paperwork burden costs on the public
will decrease by about 12,225 hours and $340,000 as a result of fewer
required filings. Eventually, DOS and USCBP annual fee collections from
TN nonimmigrants will also decrease as a result of this proposed rule.
A copy of the complete analysis is available in the rulemaking docket
for this rule at https://www.regulations.gov, under Docket No. USCIS-
2007-0056, or by calling the information contact listed above.
E. Executive Order 13132 (Federalism)
This rule would have no substantial direct effects on the States,
on the relationship between the National Government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, this rule does not have sufficient
federalism implications to warrant the preparation of a federalism
summary impact statement.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, Public Law 104-13, 109
Stat. 163 (1995) (PRA), all Departments are required to submit to OMB,
for review and approval, any reporting or recordkeeping requirements
inherent in a rule. This rulemaking does not impose any new reporting
or recordkeeping requirements under the Paperwork Reduction Act.
However, by requiring TN and TD status renewals every three years
instead of every year, this rule will reduce the volume of Form I-129
filings, Form I-907, Request for Premium Processing Service, filings,
and Form I-539, Application To Extend/Change Nonimmigrant Status,
filings per year and the aggregate paperwork burden on the public
accordingly. When the rule is published as a final rule, USCIS will
submit the appropriate requests for non-substantive change to OMB to
reflect the reduced annual respondents and costs.
List of Subjects
8 CFR Part 214
Administrative practice and procedure, Aliens, Employment,
Reporting and recordkeeping requirements.
8 CFR Part 248
Aliens, Reporting and recordkeeping requirements.
Accordingly, chapter I of title 8 of the Code of Federal
Regulations is proposed to be amended as follows:
[[Page 26343]]
PART 214--NONIMMIGRANT CLASSES
1. The authority citation for part 214 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187,
1221, 1258, 1281, 1282, 1301-1305 and 1372; sec. 643, Pub. L. 104-
208, 110 Stat. 3009-708; section 141 of the Compacts of Free
Association with the Federated States of Micronesia and the Republic
of the Marshall Islands, and with the Government of Palau, 48 U.S.C.
1901 note, and 1931 note, respectively; 8 CFR part 2.
Sec. 214.1 [Amended]
2. Section 214.1 is amended by:
a. Removing the designation ``Cdn FTA, Professional'' and ``TC''
from the list in paragraph (a)(2);
b. Removing the term ``TC'' and adding ``TN'' in its place in the
first sentence in paragraph (c)(1).
3. Section 214.6 is amended by:
a. Revising the section heading and by revising paragraphs (e),
(g), and (h);
b. Redesignating paragraphs (j)(1), (j)(2) and (j)(3) as paragraphs
(j)(2), (j)(3), and (j)(4), respectively;
c. Adding a new paragraph (j)(1);
d. Revising newly redesignated paragraphs (j)(2), (j)(3), and
(j)(4); and by
e. Revising paragraph (k);
The addition and revisions read as follows:
Sec. 214.6 Citizens of Canada or Mexico seeking temporary entry under
NAFTA to engage in business activities at a professional level.
* * * * *
(e) Procedures for admission. A citizen of Canada or Mexico who
qualifies for admission under this section shall be provided confirming
documentation (Form I-94) and shall be admitted under the
classification symbol TN for a period not to exceed three years. Form
I-94 shall bear the legend ``multiple entry.'' The fee prescribed under
8 CFR 103.7(b)(1) shall be remitted by Canadian Citizens upon admission
to the United States pursuant to the terms and conditions of the NAFTA.
Upon remittance of the prescribed fee, the TN applicant for admission
shall be provided a Department-issued receipt (Form G-211, Form G-711,
or Form I-797).
* * * * *
(g) Readmission. (1) With a Form I-94. An alien may be readmitted
to the United States in TN classification for the remainder of the
period of TN admission authorized on Form I-94, without presentation of
the letter or supporting documentation described in paragraph (d)(3) of
this section and without the prescribed fee set forth in 8 CFR
103.7(b)(1), provided that the original intended professional
activities and employer(s) have not changed, and the Form I-94 has not
expired.
(2) Without a valid I-94. If the alien seeking readmission to the
United States in TN classification is no longer in possession of a
valid, unexpired Form I-94, and the period of initial admission in TN
classification has not lapsed, a new Form I-94 may be issued for the
period of validity that remains on the TN nonimmigrant's original Form
I-94 with the legend ``multiple entry'' and the alien readmitted in TN
status if the alien presents alternate evidence as follows:
(i) For Canadian citizens, alternate evidence may include, but is
not limited to, a fee receipt for admission as a TN or a previously
issued admission stamp as TN in a passport, and a confirming letter
from the United States employer(s).
(ii) For Mexican citizens seeking readmission as TN nonimmigrants,
alternate evidence shall consist of presentation of a valid TN visa and
evidence of a previous admission.
(h) Extension of stay. (1) Filing. A United States employer of a
citizen of Canada or Mexico who is currently maintaining valid TN
nonimmigrant status, or a United States entity (in the case of a
citizen of Canada or Mexico who is currently maintaining valid TN
nonimmigrant status and is employed by a foreign employer), may request
an extension of stay, subject to the following conditions:
(i) An extension of stay must be requested by filing Form I-129
with the prescribed fee noted at 8 CFR 103.7(b)(1), in accordance with
the form instructions.
(ii) The beneficiary must be physically present in the United
States at the time of the filing of the Form I-129 requesting an
extension of stay as a TN nonimmigrant. If the alien is required to
leave the United States for any reason while the Form I-129 is pending,
the petitioner may request USCIS to notify the consular office where
the beneficiary is required to apply for a visa or, if visa exempt, a
DHS-designated port-of-entry where the beneficiary will apply for
admission to the United States, of the approval.
(iii) An extension of stay may be approved by USCIS for a maximum
of three years.
(iv) There is no specific limit on the total period of time an
alien may be in TN status provided the alien is continuing to be
engaged in TN business activities for a U.S. employer or entity at a
professional level and otherwise continues to properly maintain
nonimmigrant TN status.
(2) Readmission at the border. Nothing in paragraph (h)(1) of this
section shall preclude a citizen of Canada or Mexico who has previously
been admitted to the United States in TN status, and has not violated
such status while in the United States, from applying at a DHS-
designated port-of-entry, prior to the expiration date of that period
of admission, for a new period of admission not to exceed three years
from the date of request for such new period of admission. The
application for a new period of admission shall be supported by a new
letter from the United States employer or the foreign employer, in the
case of a citizen of Canada who is providing prearranged services to a
United States entity, which meets the requirements of paragraph (d) of
this section, together with the appropriate filing fee noted at 8 CFR
103.7(b)(1). Citizens of Mexico must present a valid passport and
nonimmigrant TN visa when applying for readmission, as outlined in
paragraph (d)(1) of this section.
* * * * *
(j) * * *
(1) The spouse or unmarried minor children of a citizen of Canada
or Mexico admitted in TN nonimmigrant status, if they are otherwise
admissible, may be admitted initially, readmitted, or granted a change
of nonimmigrant status or an extension of his or her period of stay for
the same period of time granted to the TN nonimmigrant. Such spouse or
unmarried minor children shall, upon approval of an application for
admission, readmission, change of status or extension of stay be
classified as TD nonimmigrants. A request for a change of status to TD
or an extension of stay of a TD nonimmigrant may be made on Form I-539
together with appropriate filing fees and evidence of the principal
alien's current TN status.
(2) The spouse or unmarried minor children of a citizen of Canada
or Mexico admitted in TN nonimmigrant status shall be required to
present a valid, unexpired nonimmigrant TD visa unless otherwise exempt
under Sec. 212.1 of this chapter.
(3) The spouse and unmarried minor children of a citizen of Canada
or Mexico admitted in TN nonimmigrant status shall be issued confirming
documentation (Form I-94) bearing the legend ``multiple entry''. There
shall be no fee required for admission of the spouse and unmarried
minor children.
(4) The spouse and unmarried minor children of a citizen of Canada
or Mexico admitted in TN nonimmigrant status shall not accept
employment in the United States unless otherwise authorized under the
Act.
[[Page 26344]]
(k) Effect of a strike. (1) If the Secretary of Labor certifies to
or otherwise informs the Director of USCIS that a strike or other labor
dispute involving a work stoppage of workers is in progress, and the
temporary entry of a citizen of Mexico or Canada in TN nonimmigrant
status may affect adversely the settlement of any labor dispute or the
employment of any person who is involved in such dispute, the United
States may refuse to issue an immigration document authorizing entry or
employment to such alien.
(2) If the alien has already commenced employment in the United
States and is participating in a strike or other labor dispute
involving a work stoppage of workers, whether or not such strike or
other labor dispute has been certified by the Department of Labor, or
whether USCIS has been otherwise informed that such a strike or labor
dispute is in progress, the alien shall not be deemed to be failing to
maintain his or her status solely on account of past, present, or
future participation in a strike or other labor dispute involving a
work stoppage of workers, but is subject to the following terms and
conditions:
(i) The alien shall remain subject to all applicable provisions of
the Immigration and Nationality Act and regulations promulgated in the
same manner as all other TN nonimmigrants;
(ii) The status and authorized period of stay of such an alien is
not modified or extended in any way by virtue of his or her
participation in a strike or other labor dispute involving a work
stoppage of workers; and
(iii) Although participation by a TN nonimmigrant alien in a strike
or other labor dispute involving a work stoppage of workers will not
constitute a ground for removal, any alien who violates his or her
status or who remains in the United States after his or her authorized
period of stay has expired will be subject to removal.
(3) If there is a strike or other labor dispute involving a work
stoppage of workers in progress, but such strike or other labor dispute
is not certified under paragraph (k)(1) of this section, or USCIS has
not otherwise been informed by the Secretary that such a strike or
labor dispute is in progress, the Director, USCIS, shall not deny a
petition or deny entry to an applicant for TN status based upon such
strike or other labor dispute.
PART 248--CHANGE OF NONIMMIGRANT CLASSIFICATION
4. The authority citation for part 248 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1184, 1258; 8 CFR part 2.
Sec. 248.3 [Amended]
5. Section 248.3 is amended by removing the term ``TC'' and adding
``TN'' in its place in the first sentence of paragraph (a)(1).
Dated: May 2, 2008.
Michael Chertoff,
Secretary.
[FR Doc. E8-10343 Filed 5-8-08; 8:45 am]
BILLING CODE 9111-97-P