Visas: Nonimmigrant Visas, 61064-61066 [2021-24045]
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61064
Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Rules and Regulations
develop on products identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect 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.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2021–21–10 Pacific Aerospace Limited:
Amendment 39–21770; Docket No.
FAA–2021–0603; Project Identifier
2019–CE–006–AD.
(a) Effective Date
This airworthiness directive (AD) is
effective December 10, 2021.
(b) Affected ADs
None.
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(c) Applicability
This AD applies to Pacific Aerospace
Limited Model 750XL airplanes, serial
numbers 100 through 205, 207 through 213,
and 8001, certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC)
Code 2800, Aircraft Fuel System.
(e) Unsafe Condition
This AD was prompted by mandatory
continuing airworthiness information (MCAI)
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originated by an aviation authority of another
country to identify and correct an unsafe
condition on an aviation product. The MCAI
describes the unsafe condition as chafing
damage in the port wing skin caused by the
fuel system finger filters. The FAA is issuing
this AD to detect and correct chafing in the
left hand (LH) wing leading edge tank skin,
which if not detected and corrected, could
result in a port wing fuel leak and lead to
engine failure or fire.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Within 165 hours time-in-service after the
effective date of this AD, modify the LH
inspection panel assembly and inspect the
LH wing and fuel tank for chafing, and then,
before further flight, repair any chafing and
install the panels in accordance with the
Accomplishment Instructions in Pacific
Aerospace Limited Mandatory Service
Bulletin PACSB/XL/099, Issue 1, dated
January 16, 2019.
(h) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (i)(1) of
this AD or email: 9-AVS-AIR-730-AMOC@
faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(i) Related Information
(1) For more information about this AD,
contact Mike Kiesov, Aviation Safety
Engineer, General Aviation & Rotorcraft
Section, International Validation Branch,
FAA, 901 Locust, Room 301, Kansas City,
MO 64106; phone: (816) 329–4144; fax: (816)
329–4090; email: mike.kiesov@faa.gov.
(2) Refer to Civil Aviation Authority (CAA)
of New Zealand AD No. DCA/750XL/34,
effective date February 7, 2019, for more
information. You may examine the CAA AD
in the AD docket at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2021–0603.
(j) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Pacific Aerospace Limited Mandatory
Service Bulletin PACSB/XL/099, Issue 1,
dated January 16, 2019.
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(ii) [Reserved]
(3) For service information identified in
this AD, contact the Civil Aviation Authority
of New Zealand, Level 15, Asteron Centre, 55
Featherston Street, Wellington 6011; phone:
+64 4 560 9400; fax: +64 4 569 2024; email:
info@caa.govt.nz.
(4) You may view this service information
at FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on
the availability of this material at the FAA,
call (816) 329–4148.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fr.inspection@nara.gov, or go to:
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
Issued on October 8, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–24084 Filed 11–4–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice: 11462]
RIN 1400–AF34
Visas: Nonimmigrant Visas
Department of State.
Final rule.
AGENCY:
ACTION:
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 StatesMexico-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:
SUMMARY:
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
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Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Rules and Regulations
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.
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
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.
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.
Unfunded Mandates Act of 1995
Paperwork Reduction Act
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.
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.
Regulatory Flexibility Act/Executive
Order 13272: Small Business
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
jspears on DSK121TN23PROD with RULES1
Executive Orders 12372 and 13132:
Federalism
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.
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Jkt 256001
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
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.
2. Amend § 41.12 by revising the
introductory text and revising the
entries for ‘‘TD’’ and ‘‘TN’’ in the table
to read as follows:
■
§ 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:
PO 00000
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Symbol
*
TN ......
TD ......
*
■
Section of
law
Class
*
*
*
USMCA Professional ..............
Spouse or Child of a USMCA
Professional.
*
*
*
*
214(e)(1)
214(e)(1)
*
3. Revise § 41.59 to read as follows:
§ 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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Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Rules and Regulations
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]
BILLING CODE 4710–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2021–0671]
Special Local Regulations; Savannah
Harbor Boat Parade of Lights and
Fireworks, Savannah River, Savannah,
GA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notification of enforcement of
regulation.
AGENCY:
The Captain of the Port
Savannah will enforce the special local
regulation for the Savannah Harbor Boat
Parade of Lights and Fireworks from
5:00 p.m. until 10:00 p.m. on November
27, 2021. This action is necessary to
ensure safety of life on navigable waters
of the Savannah River during the
Savannah Harbor Boat Parade of Lights
and Fireworks displays. During the
enforcement period, no person or vessel
may enter, transit through, anchor in, or
remain within the designated area
unless authorized by the Captain of the
Port Savannah or a designated
representative.
SUMMARY:
The regulations in 33 CFR
100.701, table 1 to § 100.701, paragraph
(d), Item 4, will be enforced from 5 p.m.
until 10 p.m., on November 27, 2021.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email LT Alex McConnell, Marine
Safety Unit Savannah Office of
Waterways Management, Coast Guard;
telephone 912–652–4353, extension
240, or email Alexander.W.McConnell@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
regulation for the Savannah Harbor
Parade of Lights and Fireworks in 33
CFR 100.701 Table 1 to § 100.701,
paragraph (d), Item 4, from 5 p.m. until
10 p.m., on November 27, 2021. Under
the provisions of 33 CFR 100.701, all
persons and vessels are prohibited from
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DATES:
VerDate Sep<11>2014
16:17 Nov 04, 2021
Jkt 256001
entering the regulated area unless they
receive permission to do so from the
Captain of the Port Savannah, or
designated representatives. This action
is to provide notice of enforcement
action of the regulated area that will
encompass the Savannah River in
Savannah, GA from the Talmadge
Bridge near River Street, coordinates
32°05′20″ N, 081°05′56.3″ W, and
proceeding down river to a line drawn
at 146 degrees true from day board 62,
approximate coordinates are:
32°04′48.7″ N, 081°04′47.9″ W.
Spectator vessels may safely transit
outside the regulated area, but may not
anchor, block, loiter in, impede the
transit of festival participants or official
patrol vessels or enter the regulated area
without approval from the Captain of
the Port Savannah or a designated
representative. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation. In addition to this notice
of enforcement in the Federal Register,
the Coast Guard will provide notice of
the regulated area via Local Notice to
Mariners, Broadcast Notice to Mariners,
and on-scene designated
representatives.
K.A. Broyles,
Commander, U.S. Coast Guard, Captain of
the Port, Savannah, GA.
[FR Doc. 2021–24076 Filed 11–4–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2021–0596]
RIN 1625–AA09
Drawbridge Operation Regulation;
Ogeechee River, Richmond Hill, GA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is removing
the existing drawbridge operation
regulation for the Ogeechee River. The
District Bridge Manager has determined
that the waterway at mile 30.7, is an
Advance Approved Waterway per the
regulation. The railroad bridge at mile,
30.7 is being converted to a fixed bridge
and the highway bridge at mile, 37.8
was removed from the waterway. The
drawbridge operating regulation for the
Ogeechee River is no longer applicable
or necessary.
DATES: This rule is effective November
5, 2021.
SUMMARY:
PO 00000
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To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0596. In the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ In the Document Type
column, select ‘‘Supporting & Related
Material’’.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Ms. Jennifer Zercher, Bridge
Management Specialist, Seventh Coast
Guard District, telephone 305–415–
6740, email Jennifer.N.Zercher@
uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Pub. L. Public Law
§ Section
GA Georgia
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this final
rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b), the Coast Guard finds that good
cause exists for not publishing a notice
of proposed rulemaking (NPRM) with
respect to this rule because the
waterway at mile 30.7 was designated as
an Advance Approved Waterway in
June 2021. The Seaboard System
Railroad Bridge, mile 30.7, has not had
a request to open in the past 40 years,
is being rehabilitated and converted to
a fixed bridge. The Highway Bridge,
mile 37.8, was removed from the
waterway. Therefore, regulation 33 CFR
117.367 is no longer applicable and
shall be removed from publication. It is
unnecessary to publish an NPRM
because this regulatory action does not
purport to place any restrictions on
mariners but rather removes a
restriction that has no further use or
value.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective in less than 30
days after publication in the Federal
Register. The waterway is designated as
Advance Approved, the Highway Bridge
was removed from the waterway and the
Seaboard System Railroad Bridge is
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]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice: 11462]
RIN 1400-AF34
Visas: Nonimmigrant Visas
AGENCY: Department of State.
ACTION: Final rule.
-----------------------------------------------------------------------
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
[[Page 61066]]
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]
BILLING CODE 4710-06-P
