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.

Rules and Regulations Federal Register

41027 

Vol. 87, No. 131 

Monday, July 11, 2022 

1Protocol 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). 

2The 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-MexicoCanada Agreement. 

3The 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). 

4Statement of Administrative Action, available at 

https://www.finance.senate.gov/imo/media/doc/ 

Continued 

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The USMCA superseded NAFTA and its 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 Paul.A.Minton@cbp.dhs.gov. 

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. 

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). 

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, 


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41028 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Rules and Regulations 

FINAL%20SAA%20USMCA.pdf (last visited Apr. 

19, 2022). 

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. 

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 § 214.2(b)(4), 

along with the entire second sentence of 

the introductory paragraph of 

§ 214.2(b)(4), which referenced ‘‘existing 

requirements.’’ These sentences in the 

introductory paragraph of § 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 § 214.2(b)(4) 

is being removed because it is 

redundant with 8 CFR 214.2(b)(4)(ii). 

Additionally, ‘‘existing’’ is removed 

from § 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. 


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

■ 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. 

§ 103.7 [Amended] 

■ 2. Amend § 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 

■ 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. 

* * * * * 

§ 212.1 [Amended] 

■ 4. Amend § 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 

■ 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). 

■ 6. Amend § 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: 

§ 214.1 Requirements for admission, 

extension, and maintenance of status. 

(a) * * * 

(2) * * * 

Section Designation 

* * * * * 

USMCA, Principal .................. TN. 

USMCA, Dependent ............... TD. 

* * * * * 

* * * * * 

■ 7. Amend § 214.2 as follows: 

■ a. Revise paragraph (b)(4); 

■ 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 

■ 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: 

§ 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 


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41030 Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Rules and Regulations 

1A business person seeking temporary 

employment under this Appendix may also perform 

training functions relating to the profession, 

including conducting seminars. 

2The 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. 

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. 

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. 

* * * * * 

■ 8. Amend § 214.6 as follows: 

■ a. Revise the section heading; 

■ 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)’’; 

■ c. In paragraph (b): 

■ 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’’; 

■ ii. In the definition for Business 

person, remove ‘‘NAFTA’’ and add in its 

place ‘‘USMCA’’; 

■ iii. In the definition for Business 

person, remove the word ‘‘provision’’ 

and add in its place the word ‘‘supply’’; 

■ iv. In the definition for Temporary 

entry, remove ‘‘NAFTA’’ and add in its 

place ‘‘USMCA’’; 

■ d. Revise paragraph (c); 

■ e. In the heading of paragraph (d), 

remove the word ‘‘NAFTA’’ and add in 

its place the word ‘‘USMCA’’; 

■ f. In paragraph (d)(1), remove 

‘‘NAFTA’’ and add in its place 

‘‘USMCA’’; 

■ 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’’; 

■ h. In paragraph (d)(3)(ii)(D), add a 

closing parenthesis after ‘‘(D’’; 

■ i. In paragraph (e), remove ‘‘NAFTA’’ 

and add in its place, ‘‘USMCA’’; and 

■ j. In paragraph (i)(2), remove 

‘‘NAFTA’’ and add in its place 

‘‘USMCA’’. 

The revision reads as follows: 

§ 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

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

—Computer Systems Analyst—Baccalaureate 

or Licenciatura Degree; or Post-Secondary 

Diploma 3 or Post-Secondary Certificate,4

and three years experience. 

—Disaster Relief Insurance Claims Adjuster 

(claims adjuster employed by an insurance 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Rules and Regulations 41031 

5The 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. 

6A 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. 

7A 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. 

8The term ‘‘Biologist’’ includes the profession of 

Plant Pathologist. 

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

—Range Manager/Range Conservationist— 

Baccalaureate or Licenciatura Degree. 

—Research Assistant (working in a postsecondary 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. 

—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. 

—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

—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 

■ 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. 

§ 274a.12 [Amended] 

■ 10. Amend § 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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