52292 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 

(2) * * * 

Drug labeler 

code Firm name and address 

* * * * * 

015331 Pharmaq AS, Skogmo 

Industriomrade, N–7863 

Overhalla, Norway. 

* * * * * 

PART 558—NEW ANIMAL DRUGS FOR 

USE IN ANIMAL FEEDS 

■ 3. The authority citation for 21 CFR 

part 558 continues to read as follows: 

Authority: 21 U.S.C. 360b, 371. 

§ 558.575 [Amended] 

■ 4. Section 558.575 is amended in 

paragraph (a)(2) by removing ‘‘046573’’

and by adding in its place ‘‘No. 

015331’’. 

Dated: August 22, 2005. 

Steven D. Vaughn, 

Director, Office of New Animal Drug 

Evaluation, Center for Veterinary Medicine. 

[FR Doc. 05–17472 Filed 9–1–05; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF STATE 

22 CFR Part 41 

RIN 1400–AC12 

[Public Notice 5181] 

Visas: Treaty Trader, Treaty Investor, 

or Treaty Alien in a Specialty 

Occupation 

AGENCY: State Department. 

ACTION: Final rule. 

SUMMARY: This rule expands the 

definition of treaty trader and treaty 

investor contained at 22 CFR 41.51 to 

include a new nonimmigrant category 

(E–3) for nonimmigrant treaty aliens 

coming to the United States solely to 

perform services in a specialty 

occupation. It also reorganizes existing 

regulatory language pertaining to treaty 

traders and treaty investors to make this 

information clearer and easier to read. 

DATES: This rule is effective September 

2, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Charles Robertson, Legislation and 

Regulations Division, Visa Services, 

Department of State, 2401 E Street, NW., 

Room L–603D, Washington, DC 20520–

0106; telephone 202–663–1221; e-mail 

robertsonce@state.gov. 

SUPPLEMENTARY INFORMATION: 

Why Is the Department Promulgating 

This Rule? 

Because of the passage of a new law 

amending the Immigration and 

Nationality Act (INA). The Emergency 

Supplemental Appropriations Act for 

Defense, the Global War on Terror, and 

Tsunami Relief, 2005, Public Law 109–

13, 119 Stat. 231 was signed into law by 

the President on May 11, 2005. Division 

B, Title V, Section 501 of the Act adds 

a new nonimmigrant visa classification 

for certain treaty aliens who are coming 

to the United States solely to perform 

services in a specialty occupation. The 

classification will hereafter be 

designated the ‘‘E–3 visa.’’

Who Qualifies for the E–3 Visa? 

The new E–3 visa classification 

currently applies only to nationals of 

Australia as well as their spouses and 

children. E–3 principal nonimmigrant 

aliens must be coming to the United 

States solely to perform services in a 

specialty occupation. 

Are There Other Requirements for 

Qualifying for an E–3 Visa? 

The E–3 visa classification is 

numerically limited, with a maximum 

of 10,500 visas available annually. 

Spouses and children do not count 

against the numerical limitation nor are 

they required to possess the nationality 

of the principal. A Labor Condition 

Application (LCA), containing 

attestations by the sponsoring employer 

related to wages and working 

conditions, must be filed with and 

approved by the Department of Labor 

(DOL). At the time of visa application, 

the visa applicant must present the 

consular officer with the original or 

copy of the approved LCA. However, if 

the applicant cannot provide the 

original, the consular officer, at his/her 

discretion, may accept a certified copy 

of the approval. The approved LCA 

represents DOL’s certification that the 

employer has met the attestation 

requirements of the E–3 statute. 

What Is a Specialty Occupation? 

In general, a specialty occupation is 

one that requires theoretical and 

practical application of a body of 

knowledge in professional fields and at 

least the attainment of a bachelor’s 

degree, or its equivalent, as a minimum 

for entry into the occupation in the 

United States. The Department’s 

regulations governing E–3 visas 

incorporate the definitions contained in 

section 214(i)(1) of the Immigration and 

Nationality Act (INA). In order to 

determine what constitutes a ‘‘specialty 

occupation,’’ consular officers abroad 

will be guided by, and will apply, 

regulatory criteria already developed by 

the Department of Homeland Security 

for the H–1B classification. 

Is It Necessary To File a Petition With 

the Department of Homeland Security 

as a Prerequisite to Visa Issuance? 

No petition to the Department of 

Homeland Security is necessary. 

Instead, in the case of an employee 

seeking a visa, the employee will 

present the necessary evidence for 

classification directly to the consular 

officer at the time of visa application. 

Such evidence will include the original 

or copy of the Labor Condition 

Application signed by the prospective 

employer and approved by the 

Department of Labor. Procedures for the 

E–3 visa are similar to those established 

for obtaining H–1B1 classification under 

the U.S.-Chile and U.S.-Singapore Free 

Trade Agreements. 

May Spouses Work? 

Yes. INA 214(e)(6) permits the spouse 

of a principal E nonimmigrant to engage 

in employment in the United States. As 

is the case for the spouse of a principal 

E–1 and E–2 nonimmigrant, the spouse 

of a qualified E–3 nonimmigrant may, 

upon admission to the United States, 

apply for an employment authorization 

document, which an employer could 

use to verify the spouse’s employment 

eligibility. Such spousal employment 

may be in a position other than a 

specialty occupation. 

Regulatory Findings 

Administrative Procedure Act 

This final rule involves a foreign 

affairs function of the United States and, 

therefore, is not subject to the 

procedures required by 5 U.S.C. 553 and 

554. It is exempt from review under 

Executive Order 12866 but has been 

reviewed internally by the Department 

to ensure consistency with the purposes 

thereof. This rule does not require 

analysis under the Regulatory 

Flexibility Act or the Unfunded 

Mandates Reform Act. It has been found 

not to be a major rule within the 

meaning of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. It will not have substantial direct 

effects on the States, the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. Therefore, 

it is determined that this rule does not 

have sufficient federalism implications 

to warrant application of consultation 

provisions of Executive Orders 12372 

and 13132. This rule does not impose 

any new reporting or recordkeeping 

Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52293 

requirements subject to the Paperwork 

Reduction Act, 44 U.S.C. Chapter 35. 

Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

This rule is not subject to the noticeand-comment rulemaking provisions of 

the Administrative Procedure Act or any 

other act, and, accordingly it does not 

require analysis under the Regulatory 

Flexibility Act (5 U.S.C. 601, et seq.) 

and Executive Order 13272, section 3(b). 

The Unfunded Mandates Reform Act of 

1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UFMA), 

Pub. L. 104–4, 109 Stat. 48, 2 U.S.C. 

1532, generally requires agencies to 

prepare a statement before proposing 

any rule that may result in an annual 

expenditure of $100 million or more by 

State, local, or tribal governments, or by 

the private sector. This rule will not 

result in any such expenditure, nor will 

it significantly or uniquely affect small 

governments. 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

This rule is not a major rule as 

defined by 5 U.S.C. 804, for purposes of 

congressional review of agency 

rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996, Public Law 104–121. This rule 

will not result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or the ability of United 

States-based companies to compete with 

foreign based companies in domestic 

and import markets. 

Executive Order 12866 

The Department of State has reviewed 

this proposed rule to ensure its 

consistency with the regulatory 

philosophy and principles set forth in 

Executive Order 12866 and has 

determined that the benefits of the 

proposed regulation justify its costs. The 

Department does not consider the 

proposed rule to be an economically 

significant action within the scope of 

section 3(f)(1) of the Executive Order 

since it is not likely to have an annual 

effect on the economy of $100 million 

or more or to adversely affect in a 

material way the economy, a sector of 

the economy, competition, jobs, the 

environment, public health or safety, or 

state, local or tribal governments or 

communities. 

Executive Orders 12372 and 13132: 

Federalism 

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. Nor will the rule 

have federalism implications warranting 

the application of Executive Orders No. 

12372 and No. 13132. 

Paperwork Reduction Act 

Applicants for E–3 visas will fill out 

forms that OMB has already approved, 

the DS–156 form (approved OMB 1405–

0019) and the DS–157 form (approved 

OMB 1405–0134). A specialized form 

for E–3 applications may be developed 

in the future. 

List of Subjects in 22 CFR Part 41 

Immigration, Passports and visas. 

PART 41—[AMENDED] 

■ 1. The authority citation for part 41 

continues to read: 

Authority: 8 U.S.C. 1104; Pub. L. 105–277, 

112 Stat. 2681–795 through 2681–801. 

Additional authority is derived from 

Section 104 of the Illegal Immigration 

Reform and Immigrant Responsibility 

Act of 1996 (IIRIRA), PL–104–208, 110 

Stat. 3546; as well as the Emergency 

Supplemental Appropriations Act for 

Defense, the Global War on Terror, and 

Tsunami Relief, 2005, P.L. 109–13, 119 

Stat. 231. 

■ 2. Revise § 41.51 to read as follows: 

§ 41.51 Treaty trader, treaty investor, or 

treaty alien in a specialty occupation. 

(a) Treaty trader. (1) Classification. 

An alien is classifiable as a 

nonimmigrant treaty trader (E–1) if the 

consular officer is satisfied that the alien 

qualifies under the provisions of INA 

101(a)(15)(E)(i) and that the alien: 

(i) Will be in the United States solely 

to carry on trade of a substantial nature, 

which is international in scope, either 

on the alien’s behalf or as an employee 

of a foreign person or organization 

engaged in trade, principally between 

the United States and the foreign state 

of which the alien is a national, 

(consideration being given to any 

conditions in the country of which the 

alien is a national which may affect the 

alien’s ability to carry on such 

substantial trade); and 

(ii) Intends to depart from the United 

States upon the termination of E–1 

status. 

(2) Employee of treaty trader. An alien 

employee of a treaty trader may be 

classified E–1 if the employee is in or 

is coming to the United States to engage 

in duties of an executive or supervisory 

character, or, if employed in a lesser 

capacity, the employee has special 

qualifications that make the services to 

be rendered essential to the efficient 

operation of the enterprise. The 

employer must be: 

(i) A person having the nationality of 

the treaty country, who is maintaining 

the status of treaty trader if in the 

United States or, if not in the United 

States, would be classifiable as a treaty 

trader; or 

(ii) An organization at least 50% 

owned by persons having the 

nationality of the treaty country who are 

maintaining nonimmigrant treaty trader 

status if residing in the United States or, 

if not residing in the United States, who 

would be classifiable as treaty traders. 

(3) Spouse and children of treaty 

trader. The spouse and children of a 

treaty trader accompanying or following 

to join the principal alien are entitled to 

the same classification as the principal 

alien. The nationality of a spouse or 

child of a treaty trader is not material to 

the classification of the spouse or child 

under the provisions of INA 

101(a)(15)(E). 

(4) Representative of foreign 

information media. Representatives of 

foreign information media shall first be 

considered for possible classification as 

nonimmigrants under the provisions of 

INA 101(a)(15)(I), before consideration 

is given to their possible classification 

as treaty traders under the provisions of 

INA 101(a)(15)(E) and of this section. 

(5) Treaty country. A treaty country is 

for purposes of this section a foreign 

state with which a qualifying Treaty of 

Friendship, Commerce, and Navigation 

or its equivalent exists with the United 

States. A treaty country includes a 

foreign state that is accorded treaty visa 

privileges under INA 101(a)(15)(E) by 

specific legislation (other than the INA). 

(6) Nationality of the treaty country. 

The authorities of the foreign state of 

which the alien claims nationality 

determine the nationality of an 

individual treaty trader. In the case of 

an organization, ownership must be 

traced as best as is practicable to the 

individuals who ultimately own the 

organization. 

(7) Trade. The term ‘‘trade’’ as used in 

this section means the existing 

international exchange of items of trade 

for consideration between the United 

States and the treaty country. Existing 

trade includes successfully negotiated 

contracts binding upon the parties that 

call for the immediate exchange of items 

of trade. This exchange must be 

traceable and identifiable. Title to the 

52294 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 

trade item must pass from one treaty 

party to the other. 

(8) Item of trade. Items that qualify for 

trade within these provisions include 

but are not limited to goods, services, 

technology, monies, international 

banking, insurance, transportation, 

tourism, communications, and some 

news gathering activities. 

(9) Substantial trade. Substantial 

trade for the purposes of this section 

entails the quantum of trade sufficient 

to ensure a continuous flow of trade 

items between the United States and the 

treaty country. This continuous flow 

contemplates numerous exchanges over 

time rather than a single transaction, 

regardless of the monetary value. 

Although the monetary value of the 

trade item being exchanged is a relevant 

consideration, greater weight is given to 

more numerous exchanges of larger 

value. In the case of smaller businesses, 

an income derived from the value of 

numerous transactions that is sufficient 

to support the treaty trader and his or 

her family constitutes a favorable factor 

in assessing the existence of substantial 

trade. 

(10) Principal trade. Trade shall be 

considered to be principal trade 

between the United States and the treaty 

country when over 50% of the volume 

of international trade of the treaty trader 

is conducted between the United States 

and the treaty country of the treaty 

trader’s nationality. 

(11) Executive or supervisory 

character. The executive or supervisory 

element of the employee’s position must 

be a principal and primary function of 

the position and not an incidental or 

collateral function. Executive and/or 

supervisory duties grant the employee 

ultimate control and responsibility for 

the enterprise’s overall operation or a 

major component thereof. 

(i) An executive position provides the 

employee great authority to determine 

policy of and direction for the 

enterprise. 

(ii) A position primarily of 

supervisory character grants the 

employee supervisory responsibility for 

a significant proportion of an 

enterprise’s operations and does not 

generally involve the direct supervision 

of low-level employees. 

(12) Special qualifications. Special 

qualifications are those skills and/or 

aptitudes that an employee in a lesser 

capacity brings to a position or role that 

are essential to the successful or 

efficient operation of the enterprise. 

(i) The essential nature of the alien’s 

skills to the employing firm is 

determined by assessing the degree of 

proven expertise of the alien in the area 

of operations involved, the uniqueness 

of the specific skill or aptitude, the 

length of experience and/or training 

with the firm, the period of training or 

other experience necessary to perform 

effectively the projected duties, and the 

salary the special qualifications can 

command. The question of special skills 

and qualifications must be determined 

by assessing the circumstances on a 

case-by-case basis. 

(ii) Whether the special qualifications 

are essential will be assessed in light of 

all circumstances at the time of each 

visa application on a case-by-case basis. 

A skill that is unique at one point may 

become commonplace at a later date. 

Skills required to start up an enterprise 

may no longer be essential after initial 

operations are complete and are running 

smoothly. Some skills are essential only 

in the short-term for the training of 

locally hired employees. Long-term 

essentiality might, however, be 

established in connection with 

continuous activities in such areas as 

product improvement, quality control, 

or the provision of a service not 

generally available in the United States. 

(13) Labor disputes. Citizens of 

Canada or Mexico shall not be entitled 

to classification under this section if the 

Attorney General and the Secretary of 

Labor have certified that: 

(i) 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 

(ii) The alien has failed to establish 

that the alien’s entry will not affect 

adversely the settlement of the strike or 

lockout or the employment of any 

person who is involved in the strike or 

lockout. 

(b) Treaty investor. (1) Classification. 

An alien is classifiable as a 

nonimmigrant treaty investor (E’2) if the 

consular officer is satisfied that the alien 

qualifies under the provisions of INA 

101(a)(15)(E)(ii) and that the alien: 

(i) Has invested or is actively in the 

process of investing a substantial 

amount of capital in bona fide 

enterprise in the United States, as 

distinct from a relatively small amount 

of capital in a marginal enterprise solely 

for the purpose of earning a living; and 

(ii) Is seeking entry solely to develop 

and direct the enterprise; and 

(iii) Intends to depart from the United 

States upon the termination of E’2 

status. 

(2) Employee of treaty investor. An 

alien employee of a treaty investor may 

be classified E–2 if the employee is in 

or is coming to the United States to 

engage in duties of an executive or 

supervisory character, or, if employed in 

a lesser capacity, the employee has 

special qualifications that make the 

services to be rendered essential to the 

efficient operation of the enterprise. The 

employer must be: 

(i) A person having the nationality of 

the treaty country, who is maintaining 

the status of treaty investor if in the 

United States or, if not in the United 

States, who would be classifiable as a 

treaty investor; or 

(ii) An organization at least 50% 

owned by persons having the 

nationality of the treaty country who are 

maintaining nonimmigrant treaty 

investor status if residing in the United 

States or, if not residing in the United 

States, who would be classifiable as 

treaty investors. 

(3) Spouse and children of treaty 

investor. The spouse and children of a 

treaty investor accompanying or 

following to join the principal alien are 

entitled to the same classification as the 

principal alien. The nationality of a 

spouse or child of a treaty investor is 

not material to the classification of the 

spouse or child under the provisions of 

INA 101(a)(15)(E). 

(4) Representative of foreign 

information media. Representatives of 

foreign information media shall first be 

considered for possible classification as 

nonimmigrants under the provisions of 

INA 101(a)(15)(I), before consideration 

is given to their possible classification 

as nonimmigrants under the provisions 

of INA 101(a)(15)(E) and of this section. 

(5) Treaty country. A treaty country is 

for purposes of this section a foreign 

state with which a qualifying Treaty of 

Friendship, Commerce, and Navigation 

or its equivalent exists with the United 

States. A treaty country includes a 

foreign state that is accorded treaty visa 

privileges under INA 101(a)(15)(E) by 

specific legislation (other than the INA). 

(6) Nationality of the treaty country. 

The authorities of the foreign state of 

which the alien claims nationality 

determine the nationality of an 

individual treaty investor. In the case of 

an organization, ownership must be 

traced as best as is practicable to the 

individuals who ultimately own the 

organization. 

(7) Investment. Investment means the 

treaty investor’s placing of capital, 

including funds and other assets, at risk 

in the commercial sense with the 

objective of generating a profit. The 

treaty investor must be in possession of 

and have control over the capital 

invested or being invested. The capital 

must be subject to partial or total loss if 

investment fortunes reverse. Such 

investment capital must be the 

investor’s unsecured personal business 

capital or capital secured by personal 

assets. Capital in the process of being 

Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52295 

invested or that has been invested must 

be irrevocably committed to the 

enterprise. The alien has the burden of 

establishing such irrevocable 

commitment given to the particular 

circumstances of each case. The alien 

may use any legal mechanism available, 

such as by placing invested funds in 

escrow pending visa issuance, that 

would not only irrevocably commit 

funds to the enterprise but that might 

also extend some personal liability 

protection to the treaty investor. 

(8) Bona fide enterprise. The 

enterprise must be a real and active 

commercial or entrepreneurial 

undertaking, producing some service or 

commodity for profit and must meet 

applicable legal requirements for doing 

business in the particular jurisdiction in 

the United States. 

(9) Substantial amount of capital. A 

substantial amount of capital constitutes 

that amount that is: 

(i)(A) Substantial in the proportional 

sense, i.e., in relationship to the total 

cost of either purchasing an established 

enterprise or creating the type of 

enterprise under consideration; 

(B) Sufficient to ensure the treaty 

investor’s financial commitment to the 

successful operation of the enterprise; 

and 

(C) Of a magnitude to support the 

likelihood that the treaty investor will 

successfully develop and direct the 

enterprise. 

(ii) Whether an amount of capital is 

substantial in the proportionality sense 

is understood in terms of an inverted 

sliding scale; i.e., the lower the total cost 

of the enterprise, the higher, 

proportionately, the investment must be 

to meet these criteria. 

(10) Marginal enterprise. A marginal 

enterprise is an enterprise that does not 

have the present or future capacity to 

generate more than enough income to 

provide a minimal living for the treaty 

investor and his or her family. An 

enterprise that does not have the 

capacity to generate such income but 

that has a present or future capacity to 

make a significant economic 

contribution is not a marginal 

enterprise. The projected future capacity 

should generally be realizable within 

five years from the date the alien 

commences normal business activity of 

the enterprise. 

(11) Solely to develop and direct. The 

business or individual treaty investor 

does or will develop and direct the 

enterprise by controlling the enterprise 

through ownership of at least 50% of 

the business, by possessing operational 

control through a managerial position or 

other corporate device, or by other 

means. 

(12) Executive or supervisory 

character. The executive or supervisory 

element of the employee’s position must 

be a principal and primary function of 

the position and not an incidental or 

collateral function. Executive and/or 

supervisory duties grant the employee 

ultimate control and responsibility for 

the enterprise’s overall operation or a 

major component thereof. 

(i) An executive position provides the 

employee great authority to determine 

policy of and direction for the 

enterprise. 

(ii) A position primarily of 

supervisory character grants the 

employee supervisory responsibility for 

a significant proportion of an 

enterprise’s operations and does not 

generally involve the direct supervision 

of low-level employees. 

(13) Special qualifications. Special 

qualifications are those skills and/or 

aptitudes that an employee in a lesser 

capacity brings to a position or role that 

are essential to the successful or 

efficient operation of the enterprise. 

(i) The essential nature of the alien’s 

skills to the employing firm is 

determined by assessing the degree of 

proven expertise of the alien in the area 

of operations involved, the uniqueness 

of the specific skill or aptitude, the 

length of experience and/or training 

with the firm, the period of training or 

other experience necessary to perform 

effectively the projected duties, and the 

salary the special qualifications can 

command. The question of special skills 

and qualifications must be determined 

by assessing the circumstances on a 

case-by-case basis. 

(ii) Whether the special qualifications 

are essential will be assessed in light of 

all circumstances at the time of each 

visa application on a case-by-case basis. 

A skill that is unique at one point may 

become commonplace at a later date. 

Skills required to start up an enterprise 

may no longer be essential after initial 

operations are complete and are running 

smoothly. Some skills are essential only 

in the short-term for the training of 

locally hired employees. Long-term 

essentiality might, however, be 

established in connection with 

continuous activities in such areas as 

product improvement, quality control, 

or the provision of a service not 

generally available in the United States. 

(14) Labor disputes. Citizens of 

Canada or Mexico shall not be entitled 

to classification under this section if the 

Attorney General and the Secretary of 

Labor have certified that: 

(i) 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 

(ii) The alien has failed to establish 

that the alien’s entry will not affect 

adversely the settlement of the strike or 

lockout or the employment of any 

person who is involved in the strike or 

lockout. 

(c) Nonimmigrant E–3 treaty aliens in 

specialty occupations. (1) Classification. 

An alien is classifiable as a 

nonimmigrant treaty alien in a specialty 

occupation if the consular officer is 

satisfied that the alien qualifies under 

the provisions of INA 101(a)(15)(E)(iii) 

and that the alien: 

(i) Possesses the nationality of the 

country statutorily designated for treaty 

aliens in specialty occupation status; 

(ii) Satisfies the requirements of INA 

214(i)(1) and the corresponding 

regulations defining specialty 

occupation promulgated by the 

Department of Homeland Security; 

(iii) Presents to a consular officer a 

copy of the Labor Condition Application 

signed by the employer and approved 

by the Department of Labor, and 

meeting the attestation requirements of 

INA Section 212(t)(1); 

(iv) Presents to a consular officer 

evidence of the alien’s academic or 

other qualifying credentials as required 

under INA 214(i)(1), and a job offer 

letter or other documentation from the 

employer establishing that upon entry 

into the United States the applicant will 

be engaged in qualifying work in a 

specialty occupation, as defined in 

paragraph (c)(1)(ii) of this section, and 

that the alien will be paid the actual or 

prevailing wage referred to in INA 

212(t)(1); 

(v) Has a visa number allocated under 

INA 214(g)(11)(B); and, 

(vi) Intends to depart upon the 

termination of E–3 status. 

(2) Spouse and children of treaty alien 

in a specialty occupation. The spouse 

and children of a treaty alien in a 

specialty occupation accompanying or 

following to join the principal alien are, 

if otherwise admissible, entitled to the 

same classification as the principal 

alien. A spouse or child of a principal 

E–3 treaty alien need not have the same 

nationality as the principal in order to 

be classifiable under the provisions of 

INA 101(a)(15)(E). Spouses and children 

of E–3 principals are not subject to the 

numerical limitations of INA 

214(g)(11)(B). 

Dated: July 14, 2005. 

Maura Harty, 

Assistant Secretary for Consular Affairs, 

Department of State. 

[FR Doc. 05–17622 Filed 9–1–05; 8:45 am] 

BILLING CODE 4710–06–P