(A) to carry on an amount of trade (including trade in services
or technology) principally between the United States and the coun-
try of which the alien is a national that is substantial, as estab-
lished by the Secretary of State after consulting with the heads
of appropriate agencies; or
(B) to develop and direct the operations of an enterprise in
which the alien has invested or is actively in the process of invest-
ing an amount of capital that is substantial, as established by the
Secretary of State after consulting with appropriate agencies; or
(2) is the spouse or child of an alien described in clause (1) of this
subsection if accompanying or following to join the alien.
(c) ELIGIBILITY UNDER LEGISLATION.—An alien shall be classified as a
nonimmigrant under this section if the alien—
(1) is a national of the Philippines who is coming to the United
States, on a reciprocal basis under an agreement implemented under
the Act of June 18, 1954 (ch. 323, 68 Stat. 264), only to engage in
activities described in subsection (b)(1)(A) or (B) of this section;
(2) a national of Australia or Sweden who is coming to the United
States on a reciprocal basis only to engage in activities described in
subsection (b)(1)(A) or (B) of this section;
(3)(A) is a citizen of Canada; and
(B) is coming to the United States on a reciprocal basis under the
United States-Canada Free-Trade Agreement only for a purpose speci-
fied by Annex 1502.1 (United States of America), Part B—Traders
and Investors, of the United States-Canada Free-Trade Agreement, but
only if the purpose was specified by that Annex on January 1, 1989;
(4) subject to subsection (d) of this section—
(A) is a citizen of Canada or a citizen of Mexico; and
(B) is coming to the United States on a reciprocal basis under
the North American Free Trade Agreement only for a purpose
specified by section B of Annex 1603 of the Agreement, but only
if the purpose was specified by Annex 1603 on January 1, 1994;
or
(5) is the spouse or child of an alien described in clause (1), (2),
(3), or (4) of this subsection if accompanying or following to join the
alien.
(d) LABOR DISPUTES.—An alien described in subsection (c)(4) of this
section is not entitled to be classified as a nonimmigrant under that section
if there is a strike or lockout in progress during a labor dispute in the occu-
pational classification at the alien’s place or intended place of employment,
unless the alien establishes under regulations prescribed by the Attorney
General that the alien’s entry will not adversely affect the settlement of the
strike or lockout or the employment of any individual who is involved in the
strike or lockout. Notice of a decision by the Attorney General under this
subsection shall be given in the way required by paragraph 3 of Article 1603
of the Agreement.
§ 2307. Aliens entitled to enter for business activities at a
professional level under certain trade agreements
(a) DEFINITION.—In this section, ‘‘citizen of Mexico’’ has the same
meaning given that term in Annex 1608 of the North American Free Trade
Agreement.
(b) GENERAL.—An alien is classifiable as a nonimmigrant under this sec-
tion if the alien—
(1)(A) is a citizen of Canada;
(B) is coming to the United States under Annex 1502.1 (United
States of America), Part C—Professionals, of the United States-Can-
ada Free-Trade Agreement to engage in business activities at a profes-
sional level as provided in that Annex; and
(C) may be admitted to engage in those activities under regulations
prescribed by the Attorney General after consulting with the Secretar-
ies of State and Labor; or
(2)(A) subject to subsections (c)–(e) of this section—
(i) is a citizen of Canada or a citizen of Mexico;
(ii) is coming to the United States under section D of Annex
1603 of the North American Free Trade Agreement to engage in
business activities at a professional level as provided in Annex
1603; and
(iii) may be admitted to engage in those activities under regula-
tions prescribed by the Attorney General after consulting with the
Secretaries of State and Labor; or
(B) is the spouse or child of an alien described in subclause (A) of
this clause if accompanying or following to join the alien.
(c) NUMERICAL LIMITATIONS ON CITIZENS OF MEXICO.—(1) The Attor-
ney General shall establish an annual numerical limitation on the admission
of citizens of Mexico classified under subsection (b)(2) of this section, as
provided in Appendix 1603.D.4 of Annex 1603 of the North American Free
Trade Agreement. Subject to paragraph (2) of this subsection, the limita-
tion—
(A) may be increased after December 31, 1994, under paragraph
5(a) of section D of Annex 1603 of the Agreement; and
(B) shall cease to apply as provided in paragraph 3 of Appendix
1603.D.4.