[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Rules and Regulations]
[Pages 41027-41031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14728]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Rules 
and Regulations

[[Page 41027]]



DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

8 CFR Parts 103, 212, 214, and 274a

[CBP Dec. 22-10]
RIN 1651-AB42


Conforming Amendments Related to Temporary Entry of Business 
Persons Under the Agreement Between the United States of America, the 
United Mexican States, and Canada (USMCA)

AGENCY: U.S. Customs and Border Protection, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the Department of Homeland Security 
(DHS) regulations relating to the temporary entry of Canadian and 
Mexican citizen business persons into the United States by replacing 
references to the North American Free Trade Agreement (NAFTA) with 
references to the Agreement Between the United States of America, the 
United Mexican States, and Canada (USMCA). The USMCA superseded NAFTA 
and its related provisions on July 1, 2020. Chapter 16 of the USMCA 
generally maintains the same treatment as provided under NAFTA with 
respect to the temporary entry of Canadian and Mexican citizen business 
persons, so substantive changes to the regulations are not needed. This 
document simply updates the relevant regulations to replace all 
references to NAFTA, including references to its appendices and 
annexes, with the corresponding USMCA references. This document also 
makes other minor, non-substantive conforming amendments and stylistic 
changes and corrects typographical errors.

DATES: This final rule is effective on July 11, 2022.

FOR FURTHER INFORMATION CONTACT: Paul Minton, CBP Officer (Program 
Manager), Office of Field Operations, U.S. Customs and Border 
Protection, (202) 344-1581 or <a href="/cdn-cgi/l/email-protection#530332263f7d127d1e3a3d273c3d133031237d373b207d343c25"><span class="__cf_email__" data-cfemail="6c3c0d1900422d422105021803022c0f0e1c4208041f420b031a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 30, 2018, the Office of the United States Trade 
Representative (USTR) signed the ``Protocol Replacing the North 
American Free Trade Agreement with the Agreement Between the United 
States of America, the United Mexican States, and Canada'' (the 
Protocol) to replace the North American Free Trade Agreement 
(NAFTA).\1\ The Agreement Between the United States of America, the 
United Mexican States (Mexico), and Canada (the USMCA) \2\ is attached 
as an annex to the Protocol and was subsequently amended to reflect 
certain modifications and technical corrections in the ``Protocol of 
Amendment to the Agreement Between the United States of America, the 
United Mexican States, and Canada'' (the Amended Protocol), which USTR 
signed on December 10, 2019.
---------------------------------------------------------------------------

    \1\ Protocol Replacing the North American Free Trade Agreement 
with the Agreement Between the United States of America, the United 
Mexican States, and Canada, available at https://ustr.gov/sites/default/files/files/agreements/FTA/USMCA/Text/USMCA_Protocol.pdf 
(last visited Apr. 19, 2022).
    \2\ The Agreement Between the United States of America, the 
United Mexican States, and Canada is the official name of the USMCA 
treaty. Please be aware that, in other contexts, the same document 
is also referred to as the United States-Mexico-Canada Agreement.
---------------------------------------------------------------------------

A. The USMCA and Its Effect on NAFTA

    Pursuant to section 106 of the Bipartisan Congressional Trade 
Priorities and Accountability Act of 2015 (19 U.S.C. 4205) and section 
151 of the Trade Act of 1974 (19 U.S.C. 2191), the United States 
adopted the USMCA through Congress' enactment of the United States-
Mexico-Canada Agreement Implementation Act (USMCA Implementation Act), 
Public Law 116-113, 134 Stat. 11 (19 U.S.C. Chapter 29), on January 29, 
2020. Section 103(a)(1)(B) of the USMCA Implementation Act (19 U.S.C. 
4513(b)(1)) provides authority for new or amended regulations to be 
issued as necessary or appropriate to implement the USMCA.
    Mexico, Canada, and the United States certified their preparedness 
to implement the USMCA on December 12, 2019, March 13, 2020, and April 
24, 2020, respectively. Pursuant to paragraph 2 of the Protocol, the 
USMCA was to take effect on the first day of the third month after the 
last signatory party provides written notification of the completion of 
the domestic implementation of the USMCA through the enactment of 
implementing legislation. As a result, the USMCA entered into force on 
July 1, 2020.
    On its entry into force date, the USMCA superseded NAFTA and its 
related provisions. See Protocol, paragraph 1. NAFTA entered into force 
on January 1, 1994. Pursuant to section 1103 of the Omnibus Trade and 
Competitiveness Act of 1988 (19 U.S.C. 2903) and section 151 of the 
Trade Act of 1974 (19 U.S.C. 2191), the United States adopted NAFTA 
through the enactment of the North American Free Trade Agreement 
Implementation Act (NAFTA Implementation Act), Public Law. 103-182, 107 
Stat. 2057 (19 U.S.C. 3301 et seq.), on December 8, 1993. Section 601 
of the USMCA Implementation Act repealed the NAFTA Implementation Act, 
as of the date that the USMCA entered into force. See 19 U.S.C. 3301.

B. The Temporary Entry of Canadian and Mexican Citizen Business Persons

    On December 30, 1993, the legacy Immigration and Naturalization 
Service (INS) \3\ published an interim rule in the Federal Register (58 
FR 69205) to implement the provisions of NAFTA by amending its 
regulations to establish procedures for the temporary entry of Canadian 
and Mexican citizen business persons into the United States. On January 
9, 1998, the final rule was published in the Federal Register (63 FR 
1331).
---------------------------------------------------------------------------

    \3\ The Homeland Security Act of 2002, Public Law 207-296, 116 
Stat. 2135, as amended, transferred the responsibilities of the INS 
to the Department of Homeland Security (DHS).
---------------------------------------------------------------------------

    Chapter 16 of the USMCA sets forth the provisions for the temporary 
entry of Canadian and Mexican business persons. As stated in its 
Statement of Administrative Action, the USMCA maintains the same 
treatment as provided under NAFTA for the temporary entry of business 
visitors, traders and investors, intra-corporate transferees, and 
professionals.\4\ Further,

[[Page 41028]]

Section 503 of the USMCA Implementation Act, Public Law 116-113, 134 
Stat. 11, makes conforming changes to the NAFTA-specific provisions of 
the Immigration and Nationality Act, 8 U.S.C. 1101 et seq., in order to 
provide the same treatment to Canada and Mexico with respect to 
temporary entry as was provided under NAFTA. The USMCA does not modify 
or expand access to visas issued or visa classifications authorized 
under the INA.
---------------------------------------------------------------------------

    \4\ Statement of Administrative Action, available at https://www.finance.senate.gov/imo/media/doc/FINAL%20SAA%20USMCA.pdf (last 
visited Apr. 19, 2022).
---------------------------------------------------------------------------

II. Discussion of Amendments to Regulations

    This document makes conforming amendments to title 8 of the Code of 
Federal Regulations (CFR) in order to reflect statutory changes made in 
section 503 of the USMCA Implementation Act. As the immigration-related 
provisions of the USMCA are substantially similar to those contained 
within NAFTA, substantive amendments to the regulations are not 
required. References to NAFTA's immigration-related provisions are 
currently found in 8 CFR 103.7(d)(11), 212.1(l), 214.1(a)(2), 
214.2(b)(4), 214.2(e)(22)(i), 214.2(l)(17), 214.6, and 274a.12(b)(19). 
Specific changes to 8 CFR are as follows:
    In 8 CFR 103.7(d)(11), 212.1(l), 214.1(a)(2), 214.2(e)(22)(i), 
214.2(l)(17), and 274a.12(b)(19), references to NAFTA are replaced with 
the corresponding references to the USMCA.
    Similarly, in 8 CFR 214.2(b)(4), references to NAFTA, including 
references to its appendices and annexes, are replaced with the 
corresponding references to the USMCA. The word ``existing'' is removed 
from the first sentence in the introductory paragraph of Sec.  
214.2(b)(4), along with the entire second sentence of the introductory 
paragraph of Sec.  214.2(b)(4), which referenced ``existing 
requirements.'' These sentences in the introductory paragraph of Sec.  
214.2(b)(4) are being amended because NAFTA Appendix 1603.A.3 (Existing 
Immigration Measures) and the definition of ``existing'' in NAFTA Annex 
1608 do not appear in USMCA Chapter 16. The third sentence in the 
introductory paragraph of Sec.  214.2(b)(4) is being removed because it 
is redundant with 8 CFR 214.2(b)(4)(ii). Additionally, ``existing'' is 
removed from Sec.  214.2(b)(4)(ii) to conform with the introductory 
paragraph and the USMCA. Other amendments include minor wording, 
punctuation, and stylistic changes to bring the regulations in line 
with the text of the USMCA, as well as corrections of typographical 
errors. Additionally, under NAFTA, occupations in the fields of 
commercial transactions, public relations and advertising, tourism, 
tour bus operation, and translation were all grouped together under the 
heading entitled, ``General Service''. The USMCA moved those 
occupations and changed them into separate categories. To reflect this 
organizational change in the regulations, paragraphs (b)(4)(i)(G)(2) 
though (7) are removed from under the ``General Service'' heading and 
are set out in paragraphs (b)(4)(i)(H) through (L). Lastly, language is 
added to clarify the cross-reference in paragraph (b)(4)(ii).
    In 8 CFR 214.6, references to NAFTA, including references to its 
appendices and annexes, are replaced with the corresponding references 
to the USMCA. Other changes include minor wording, punctuation, 
formatting, and stylistic changes to bring the regulations in line with 
the text of the USMCA, as well to correct typographical errors.

III. Statutory and Regulatory Requirements

A. Administrative Procedure Act

    Under section 553 of the Administrative Procedure Act (APA) (5 
U.S.C. 553), agencies generally are required to publish a notice of 
proposed rulemaking in the Federal Register that solicits public 
comment on the proposed regulatory amendments, consider public comments 
in deciding on the content of the final amendments, and publish the 
final amendments at least 30 days prior to their effective date. This 
rule is exempt from APA rulemaking requirements pursuant to 5 U.S.C. 
553(a)(1) as a foreign affairs function of the United States because it 
is amending U.S. domestic regulations to conform to the immigration-
related provisions of the USMCA, which is an international agreement 
negotiated between the United States, Mexico, and Canada.
    CBP also has determined that there is good cause pursuant to 5 
U.S.C. 553(b)(B) to publish this rule without prior public notice and 
comment procedures. This rule simply makes conforming amendments to 
existing DHS regulations to reflect the statutory changes made by 
section 503 of the USMCA Implementation Act, Public Law 116-113, 134 
Stat. 11. Specifically, this rule replaces references to NAFTA with the 
USMCA, along with other minor, non-substantive stylistic changes. 
Chapter 16 of the USMCA provides the same treatment to Canada and 
Mexico regarding temporary entry that NAFTA provided. As a result, 
prior public notice and comment procedures for this rule are 
impracticable, unnecessary, and contrary to the public interest.
    For the same reasons, a delayed effective date is not required 
under 5 U.S.C. 553(d)(3). The USMCA entered into force on July 1, 2020. 
A delayed effective date would be impractical, unnecessary, and 
contrary to the public interest.

B. Executive Orders 12866 (Regulatory Planning and Review) and 13563 
(Improving Regulation and Regulatory Review)

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility.
    Rules involving the foreign affairs function of the United States 
are exempt from the requirements of Executive Orders 12866 and 13563. 
Because this rule involves a foreign affairs function of the United 
States by implementing a specific trilateral agreement negotiated 
between the United States, Mexico, and Canada, the rule is not subject 
to the provisions of Executive Orders 12866 and 13563.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended 
by the Small Business Regulatory Enforcement and Fairness Act of 1996, 
requires an agency to prepare and make available to the public a 
regulatory flexibility analysis that describes the effect of a proposed 
rule on small entities (i.e., small businesses, small organizations, 
and small governmental jurisdictions) when the agency is required to 
publish a general notice of proposed rulemaking for a rule. Because 
this document is not subject to the notice and public procedure 
requirements of 5 U.S.C. 553, it is not subject to the provisions of 
the Regulatory Flexibility Act.

D. Paperwork Reduction Act

    As there is no new collection of information required in this 
document, the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507) are inapplicable.

[[Page 41029]]

List of Subjects

8 CFR Part 103

    Administrative practice and procedure, Authority delegations 
(Government agencies), Fees, Freedom of information, Immigration, 
Privacy, Reporting and recordkeeping requirements, Surety bonds.

8 CFR Part 212

    Administrative practice and procedure, Aliens, Immigration, 
Passports and visas, Reporting and recordkeeping requirements.

8 CFR Part 214

    Administrative practice and procedure, Aliens, Cultural exchange 
program, Employment, Foreign officials, Health professions, Reporting 
and recordkeeping requirements, Students.

8 CFR Part 274a

    Administrative practice and procedure, Aliens, Cultural exchange 
program, Employment, Penalties, Reporting and recordkeeping 
requirements, Students.

Amendments to the DHS Regulations

    For the reasons stated above in the preamble, DHS amends parts 103, 
212, 214, and 274a of title 8 of the Code of Federal Regulations (8 CFR 
parts 103, 212, 214, and 274a) as set forth below:

PART 103--IMMIGRATION BENEFIT REQUESTS; USCIS FILING REQUIREMENTS; 
BIOMETRIC REQUIREMENTS; AVAILABILITY OF RECORDS

0
1. The authority citation for part 103 continues to read as follows:

    Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304, 
1356, 1365b; 31 U.S.C. 9701; Pub. L. 107-296, 116 Stat. 2135 (6 
U.S.C. 1 et seq.); E.O. 12356, 47 FR 14874, 15557; 3 CFR, 1982 
Comp., p. 166; 8 CFR part 2; Pub. L. 112-54; 125 Stat. 550; 31 CFR 
part 223.


Sec.  103.7   [Amended]

0
2. Amend Sec.  103.7, in paragraph (d)(11), by removing the words 
``North American Free Trade Agreement'' and adding in their place the 
words ``Agreement Between the United States of America, the United 
Mexican States, and Canada (USMCA)''.

PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; 
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE

0
3. The general authority citation for part 212 continues to read as 
follows:

    Authority: 6 U.S.C. 111, 202(4) and 271; 8 U.S.C. 1101 and note, 
1102, 1103, 1182 and note, 1184, 1187, 1223, 1225, 1226, 1227, 1255, 
1359; section 7209 of Pub. L. 108-458 (8 U.S.C. 1185 note); Title 
VII of Pub. L. 110-229 (8 U.S.C. 1185 note); 8 CFR part 2; Pub. L. 
115-218.
* * * * *


Sec.  212.1   [Amended]

0
4. Amend Sec.  212.1, in paragraph (l), by removing the words ``North 
American Free Trade Agreement (NAFTA)'' and adding, in their place, the 
words ``Agreement Between the United States of America, the United 
Mexican States, and Canada (USMCA)''.

PART 214--NONIMMIGRANT CLASSES

0
5. The authority citation for part 214 continues to read as follows:

    Authority: 6 U.S.C. 202, 236; 8 U.S.C. 1101, 1102, 1103, 1182, 
1184, 1186a, 1187, 1221, 1281, 1282, 1301-1305, 1357, and 1372; sec. 
643, Pub. L. 104-208, 110 Stat. 3009-708; Pub. L. 106-386, 114 Stat. 
1477-1480; 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; 48 U.S.C. 1806; 8 CFR part 2; Pub. L. 115-
218, 132 Stat. 1547 (48 U.S.C. 1806).


0
6. Amend Sec.  214.1, in the table in paragraph (a)(2), by removing the 
entries for ``NAFTA, Principal'' and ``NAFTA, Dependent'' and adding 
entries for ``USMCA, Principal'' and ``USMCA, Dependent'' in their 
places to read as follows:


Sec.  214.1  Requirements for admission, extension, and maintenance of 
status.

    (a) * * *
    (2) * * *

------------------------------------------------------------------------
                 Section                            Designation
------------------------------------------------------------------------
 
                                * * * * *
USMCA, Principal.........................  TN.
USMCA, Dependent.........................  TD.
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

0
7. Amend Sec.  214.2 as follows:
0
a. Revise paragraph (b)(4);
0
b. In paragraph (e)(22)(i) introductory text, remove the words 
``section B of Annex 1603 of the NAFTA'' and add in their place the 
words ``Section B of Annex 16-A of Chapter 16 of the USMCA''; and
0
c. In the heading to paragraph (l)(17), remove the words ``North 
American Free Trade Agreement (NAFTA)'' and add in their place the 
words ``Agreement Between the United States of America, the United 
Mexican States, and Canada (USMCA)''.
    The revision reads as follows:


Sec.  214.2  Special requirements for admission, extension, and 
maintenance of status.

* * * * *
    (b) * * *
    (4) Admission of aliens pursuant to the Agreement Between the 
United States of America, the United Mexican States, and Canada 
(USMCA). A citizen of Canada or Mexico seeking temporary entry for 
purposes set forth in paragraph (b)(4)(i) of this section, who 
otherwise meets the requirements under section 101(a)(15)(B) of the 
Act, including but not limited to requirements regarding the source of 
remuneration, shall be admitted upon presentation of proof of such 
citizenship in the case of Canadian applicants, and valid, unexpired 
entry documents such as a passport and visa, or a passport and BCC in 
the case of Mexican applicants, a description of the purpose for which 
the alien is seeking admission, and evidence demonstrating that he or 
she is engaged in one of the occupations or professions set forth in 
paragraph (b)(4)(i) of this section.
    (i) Occupations and professions set forth in Section B of Appendix 
1 of Chapter 16 of the USMCA--(A) Research and design. Technical, 
scientific and statistical researchers conducting independent research 
or research for an enterprise located in the territory of another 
Party.
    (B) Growth, manufacture, and production. (1) Harvester owner 
supervising a harvesting crew admitted under applicable law. (Applies 
only to harvesting of agricultural crops: Grain, fiber, fruit and 
vegetables.)
    (2) Purchasing and production management personnel conducting 
commercial transactions for an enterprise located in the territory of 
another Party.
    (C) Marketing. (1) Market researchers and analysts conducting 
independent research or analysis, or research or analysis for an 
enterprise located in the territory of another Party.
    (2) Trade fair and promotional personnel attending a trade 
convention.
    (D) Sales. (1) Sales representatives and agents taking orders or 
negotiating contracts for goods or services for an enterprise located 
in the territory of another Party but not delivering goods or supplying 
services.
    (2) Buyers purchasing for an enterprise located in the territory of 
another Party.
    (E) Distribution. (1) Transportation operators transporting goods 
or passengers to the United States from the

[[Page 41030]]

territory of another Party or loading and transporting goods or 
passengers from the United States, with no unloading in the United 
States, to the territory of another Party. (These operators may make 
deliveries in the United States if all goods or passengers to be 
delivered were loaded in the territory of another Party. Furthermore, 
they may load from locations in the United States if all goods or 
passengers to be loaded will be delivered in the territory of another 
Party. Purely domestic service or solicitation, in competition with the 
United States operators, is not permitted.)
    (2) Customs brokers performing brokerage duties associated with the 
export of goods from the United States to or through Canada.
    (F) After-sales services. Installers, repair and maintenance 
personnel, and supervisors, possessing specialized knowledge essential 
to the seller's contractual obligation, performing services or training 
workers to perform services, pursuant to a warranty or other service 
contract incidental to the sale of commercial or industrial equipment 
or machinery, including computer software, purchased from an enterprise 
located outside the United States, during the life of the warranty or 
service agreement. (For the purposes of this provision, the commercial 
or industrial equipment or machinery, including computer software, must 
have been manufactured outside the United States.)
    (G) General service. Professionals engaging in a business activity 
at a professional level in a profession set out in Appendix 2 to Annex 
16-A of Chapter 16 of the USMCA, but receiving no salary or other 
remuneration from a United States source (other than an expense 
allowance or other reimbursement for expenses incidental to the 
temporary stay) and otherwise satisfying the requirements of Section A 
to Annex 16-A of the USMCA.
    (H) Commercial transactions. (1) Management and supervisory 
personnel engaging in commercial transactions for an enterprise located 
in the territory of another Party.
    (2) Financial services personnel (insurers, bankers or investment 
brokers) engaging in commercial transactions for an enterprise located 
in the territory of another Party.
    (I) Public relations and advertising. Public relations and 
advertising personnel consulting with business associates, or attending 
or participating in conventions.
    (J) Tourism. Tourism personnel (tour and travel agents, tour guides 
or tour operators) attending or participating in conventions or 
conducting a tour that has begun in the territory of another Party. 
(The tour may begin in the United States; but must terminate in foreign 
territory, and a significant portion of the tour must be conducted in 
foreign territory. In such a case, an operator may enter the United 
States with an empty conveyance and a tour guide may enter on his or 
her own and join the conveyance.)
    (K) Tour bus operation. Tour bus operators entering the United 
States:
    (1) With a group of passengers on a bus tour that has begun in, and 
will return to, the territory of another Party.
    (2) To meet a group of passengers on a bus tour that will end, and 
the predominant portion of which will take place, in the territory of 
another Party.
    (3) With a group of passengers on a bus tour to be unloaded in the 
United States and returning with no passengers or reloading with the 
group for transportation to the territory of another Party.
    (L) Translation. Translators or interpreters performing services as 
employees of an enterprise located in the territory of another Party.
    (ii) Occupations and professions not listed in Section B of 
Appendix 1 of Chapter 16 of the USMCA. Nothing in paragraph (b)(4) of 
this section shall preclude a business person engaged in an occupation 
or profession other than those listed in Section B of Appendix 1 of 
Chapter 16 of the USMCA from temporary entry under section 
101(a)(15)(B) of the Act, if such person otherwise meets the 
requirements for admission as prescribed by the Attorney General.
* * * * *

0
8. Amend Sec.  214.6 as follows:
0
a. Revise the section heading;
0
b. In paragraph (a), remove the words ``North American Free Trade 
Agreement (NAFTA)'' and add in their place the words ``Agreement 
Between the United States of America, the United Mexican States, and 
Canada (USMCA)'';
0
c. In paragraph (b):
0
i. In the definition for Business activities at a professional level, 
remove the words ``Appendix 1603.D.1 of the NAFTA'' and add, in their 
place, the words ``Appendix 2 to Annex 16-A of Chapter 16 of the 
USMCA'';
0
ii. In the definition for Business person, remove ``NAFTA'' and add in 
its place ``USMCA'';
0
iii. In the definition for Business person, remove the word 
``provision'' and add in its place the word ``supply'';
0
iv. In the definition for Temporary entry, remove ``NAFTA'' and add in 
its place ``USMCA'';
0
d. Revise paragraph (c);
0
e. In the heading of paragraph (d), remove the word ``NAFTA'' and add 
in its place the word ``USMCA'';
0
f. In paragraph (d)(1), remove ``NAFTA'' and add in its place 
``USMCA'';
0
g. In paragraph (d)(3)(ii)(A), remove the words ``Appendix 1603.D.1'' 
and add the words ``under Appendix 2 to Annex 16-A of Chapter 16 of the 
USMCA'' after the word ``applicant'';
0
h. In paragraph (d)(3)(ii)(D), add a closing parenthesis after ``(D'';
0
i. In paragraph (e), remove ``NAFTA'' and add in its place, ``USMCA''; 
and
0
j. In paragraph (i)(2), remove ``NAFTA'' and add in its place 
``USMCA''.
    The revision reads as follows:


Sec.  214.6  Citizens of Canada or Mexico seeking temporary entry under 
USMCA to engage in business activities at a professional level.

* * * * *
    (c) Appendix 2 to Annex 16-A of Chapter 16 of the USMCA. Pursuant 
to the USMCA, an applicant seeking admission under this section shall 
demonstrate business activity at a professional level in one of the 
professions set forth in Appendix 2 to Annex 16-A of Chapter 16. The 
professions in Appendix 2 to Annex 16-A and the minimum requirements 
for qualification for each are as follows: \1\
---------------------------------------------------------------------------

    \1\ A business person seeking temporary employment under this 
Appendix may also perform training functions relating to the 
profession, including conducting seminars.
---------------------------------------------------------------------------

Appendix 2 to Annex 16-A of Chapter 16 (Annotated)

General

--Accountant--Baccalaureate or Licenciatura Degree; or C.P.A., C.A., 
C.G.A., or C.M.A.
--Architect--Baccalaureate or Licenciatura Degree; or state/
provincial license.\2\
---------------------------------------------------------------------------

    \2\ The terms ``state/provincial license'' and ``state/
provincial/federal license'' mean any document issued by a state, 
provincial, or federal government, as the case may be, or under its 
authority, but not by a local government, that permits a person to 
engage in a regulated activity or profession.
---------------------------------------------------------------------------

--Computer Systems Analyst--Baccalaureate or Licenciatura Degree; or 
Post-Secondary Diploma \3\ or Post-Secondary Certificate,\4\ and 
three years experience.
---------------------------------------------------------------------------

    \3\ ``Post-Secondary Diploma'' means a credential issued, on 
completion of two or more years of postsecondary education, by an 
accredited academic institution in Canada or the United States.
    \4\ ``Post-Secondary Certificate'' means a certificate issued, 
on completion of two or more years of postsecondary education at an 
academic institution, by the federal government of Mexico or a state 
government in Mexico, an academic institution recognized by the 
federal government or a state government, or an academic institution 
created by federal or state law.
---------------------------------------------------------------------------

--Disaster Relief Insurance Claims Adjuster (claims adjuster 
employed by an insurance

[[Page 41031]]

company located in the territory of a Party, or an independent 
claims adjuster)--Baccalaureate or Licenciatura Degree, and 
successful completion of training in the appropriate areas of 
insurance adjustment pertaining to disaster relief claims; or three 
years experience in claims adjustment and successful completion of 
training in the appropriate areas of insurance adjustment pertaining 
to disaster relief claims.
--Economist--Baccalaureate or Licenciatura Degree.
--Engineer--Baccalaureate or Licenciatura Degree; or state/
provincial license.
--Forester--Baccalaureate or Licenciatura Degree; or state/
provincial license.
--Graphic Designer--Baccalaureate or Licenciatura Degree; or Post-
Secondary Diploma or Post-Secondary Certificate, and three years 
experience.
--Hotel Manager--Baccalaureate or Licenciatura Degree in hotel/
restaurant management; or Post-Secondary Diploma or Post-Secondary 
Certificate in hotel/restaurant management, and three years 
experience in hotel/restaurant management.
--Industrial Designer--Baccalaureate or Licenciatura Degree; or 
Post-Secondary Diploma or Post-Secondary Certificate, and three 
years experience.
--Interior Designer--Baccalaureate or Licenciatura Degree; or Post-
Secondary Diploma or Post-Secondary Certificate, and three years 
experience.
--Land Surveyor--Baccalaureate or Licenciatura Degree; or state/
provincial/federal license.
--Landscape Architect--Baccalaureate or Licenciatura Degree.
--Lawyer (including Notary in the province of Quebec)--L.L.B., J.D., 
L.L.L., B.C.L., or Licenciatura Degree (five years); or membership 
in a state/provincial bar.
--Librarian--M.L.S. or B.L.S. (for which another Baccalaureate or 
Licenciatura Degree was a prerequisite).
--Management Consultant--Baccalaureate or Licenciatura Degree; or 
equivalent professional experience as established by statement or 
professional credential attesting to five years experience as a 
management consultant, or five years experience in a field of 
specialty related to the consulting agreement.
--Mathematician (including Statistician)--Baccalaureate or 
Licenciatura Degree.\5\
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    \5\ The term ``Mathematician'' includes the profession of 
Actuary. An Actuary must satisfy the necessary requirements to be 
recognized as an actuary by a professional actuarial association or 
society. A professional actuarial association or society means a 
professional actuarial association or society operating in the 
territory of at least one of the Parties.
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--Range Manager/Range Conservationist--Baccalaureate or Licenciatura 
Degree.
--Research Assistant (working in a post-secondary educational 
institution)--Baccalaureate or Licenciatura Degree.
--Scientific Technician/Technologist \6\--Possession of (a) 
theoretical knowledge of any of the following disciplines: 
agricultural sciences, astronomy, biology, chemistry, engineering, 
forestry, geology, geophysics, meteorology, or physics; and (b) the 
ability to solve practical problems in any of those disciplines, or 
the ability to apply principles of any of those disciplines to basic 
or applied research.
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    \6\ A business person in this category must be seeking temporary 
entry for work in direct support of professionals in agricultural 
sciences, astronomy, biology, chemistry, engineering, forestry, 
geology, geophysics, meteorology or physics.
---------------------------------------------------------------------------

--Social Worker--Baccalaureate or Licenciatura Degree.
--Sylviculturist (including Forestry Specialist)--Baccalaureate or 
Licenciatura Degree.
--Technical Publications Writer--Baccalaureate or Licenciatura 
Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and 
three years experience.
--Urban Planner (including Geographer)--Baccalaureate or 
Licenciatura Degree.
--Vocational Counselor--Baccalaureate or Licenciatura Degree.

Medical/Allied Professionals

--Dentist--D.D.S., D.M.D., Doctor en Odontologia or Doctor en 
Cirugia Dental; or state/provincial license.
--Dietitian--Baccalaureate or Licenciatura Degree; or state/
provincial license.
--Medical Laboratory Technologist (Canada)/Medical Technologist 
(Mexico and the United States) \7\--Baccalaureate or Licenciatura 
Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and 
three years experience.
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    \7\ A business person in this category must be seeking temporary 
entry to perform in a laboratory, chemical, biological, 
hematological, immunologic, microscopic or bacteriological tests and 
analyses for diagnosis, treatment, or prevention of diseases.
---------------------------------------------------------------------------

--Nutritionist--Baccalaureate or Licenciatura Degree.
--Occupational Therapist--Baccalaureate or Licenciatura Degree; or 
state/provincial license.
--Pharmacist--Baccalaureate or Licenciatura Degree; or state/
provincial license.
--Physician (teaching or research only)--M.D. or Doctor en Medicina; 
or state/provincial license.
--Physiotherapist/Physical Therapist--Baccalaureate or Licenciatura 
Degree; or state/provincial license.
--Psychologist--State/provincial license; or Licenciatura Degree.
--Recreational Therapist--Baccalaureate or Licenciatura Degree.
--Registered Nurse--State/provincial license; or Licenciatura 
Degree.
--Veterinarian--D.V.M., D.M.V., or Doctor en Veterinaria; or state/
provincial license.

Scientist

--Agriculturist (including Agronomist)--Baccalaureate or 
Licenciatura Degree.
--Animal Breeder--Baccalaureate or Licenciatura Degree.
--Animal Scientist--Baccalaureate or Licenciatura Degree.
--Apiculturist--Baccalaureate or Licenciatura Degree.
--Astronomer--Baccalaureate or Licenciatura Degree.
--Biochemist--Baccalaureate or Licenciatura Degree.
--Biologist--Baccalaureate or Licenciatura Degree.\8\
---------------------------------------------------------------------------

    \8\ The term ``Biologist'' includes the profession of Plant 
Pathologist.
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--Chemist--Baccalaureate or Licenciatura Degree.
--Dairy Scientist--Baccalaureate or Licenciatura Degree.
--Entomologist--Baccalaureate or Licenciatura Degree.
--Epidemiologist--Baccalaureate or Licenciatura Degree.
--Geneticist--Baccalaureate or Licenciatura Degree.
--Geochemist--Baccalaureate or Licenciatura Degree.
--Geologist--Baccalaureate or Licenciatura Degree.
--Geophysicist (including Oceanographer in Mexico and the United 
States)--Baccalaureate or Licenciatura Degree.
--Horticulturist--Baccalaureate or Licenciatura Degree.
--Meteorologist--Baccalaureate or Licenciatura Degree.
--Pharmacologist--Baccalaureate or Licenciatura Degree.
--Physicist (including Oceanographer in Canada)--Baccalaureate or 
Licenciatura Degree.
--Plant Breeder--Baccalaureate or Licenciatura Degree.
--Poultry Scientist--Baccalaureate or Licenciatura Degree.
--Soil Scientist--Baccalaureate or Licenciatura Degree.
--Zoologist--Baccalaureate or Licenciatura Degree.

Teacher

--College--Baccalaureate or Licenciatura Degree.
--Seminary--Baccalaureate or Licenciatura Degree.
--University--Baccalaureate or Licenciatura Degree.
* * * * *

PART 274a--CONTROL OF EMPLOYMENT OF ALIENS

0
9. The authority citation for part 274a continues to read as follows:

    Authority: 8 U.S.C. 1101, 1103, 1105a, 1324a; 48 U.S.C. 1806; 8 
CFR part 2; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 
114-74, 129 Stat. 599.


Sec.  274a.12  [Amended]

0
10. Amend Sec.  274a.12, in paragraph (b)(19), by removing the words 
``North American Free Trade Agreement (NAFTA)'' and adding in their 
place the words ``Agreement Between the United States of America, the 
United Mexican States, and Canada (USMCA)''.

Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2022-14728 Filed 7-8-22; 8:45 am]
BILLING CODE 9111-14-P


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