[Federal Register Volume 73, Number 91 (Friday, May 9, 2008)]
[Proposed Rules]
[Pages 26340-26344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10343]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 73, No. 91 / Friday, May 9, 2008 / Proposed
Rules
[[Page 26340]]
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 214 and 248
[CIS No. 2429-07; DHS Docket No. USCIS-2007-0056]
RIN 1615-AB64
Period of Admission and Stay for Canadian and Mexican Citizens
Engaged in Professional Business Activities--TN Nonimmigrants
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Proposed rule.
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SUMMARY: This rule affects certain Canadian and Mexican citizens who
seek temporary entry as professionals to the United States pursuant to
the TN classification, as established by the North American Free Trade
Agreement (NAFTA or Agreement). TN nonimmigrants are Canadian or
Mexican citizens who obtain temporary entry into the United States as
business persons to engage in business activities at a professional
level. This rule proposes to increase the maximum allowable period of
admission for TN nonimmigrants from one year to three years, and allow
otherwise eligible TN nonimmigrants to be granted an extension of stay
in increments of up to three years instead of the current maximum of
one year. TD nonimmigrants (``NAFTA Dependent'') are the spouses and
unmarried minor children of TN nonimmigrants. TD nonimmigrants who
would otherwise be eligible for TD nonimmigrant status would be
eligible to be admitted and seek extensions for the same period of time
as the TN principal. The purpose of this narrow change is to remove
certain administrative requirements on TN nonimmigrants and U.S.
employers and U.S. entities, thereby making this nonimmigrant
classification more attractive to eligible professionals and their U.S.
employers. The rule also proposes to remove filing location
requirements from the TN regulations and instead provides that such
locations will be prescribed by form instructions in order to provide
more flexibility in program administration, as well as making certain
technical modifications to eliminate outdated references to prior
requirements. Finally, this rule proposes to revise the text of 8 CFR
214.1(a)(2) and (c)(1) and 8 CFR 248.3 by replacing the outdated term
``TC'' (the previous classification given to Canadian workers under the
1989 Canada-United States Free Trade Agreement) with ``TN.''
DATES: Written comments must be submitted on or before June 9, 2008.
ADDRESSES: You may submit comments, identified by DHS Docket No. USCIS-
2007-0056 by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: You may submit comments directly to USCIS by e-
mail at [email protected]. Include DHS Docket No. USCIS-2007-0056 in the
subject line of the message.
Mail: Chief, Regulatory Management Division, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529. To
ensure proper handling, please reference DHS Docket No. USCIS-2007-0056
on your correspondence. This mailing address may also be used for
paper, disk, or CD-ROM submissions.
Hand Delivery/Courier: U.S. Citizenship and Immigration
Services, Department of Homeland Security, 111 Massachusetts Avenue,
NW., 3rd Floor, Washington, DC 20529. Contact Telephone Number is (202)
272-8377.
FOR FURTHER INFORMATION CONTACT: Patricia Jepsen, Adjudications
Officer, Business and Trade Services, Office of Service Center
Operations, U.S. Citizenship and Immigration Services, Department of
Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor,
Washington, DC 20529, telephone (202) 272-8410.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of this
proposed rule. U.S. Citizenship and Immigration Services (USCIS) also
invites comments that relate to the economic, environmental, or
federalism effects that might result from this proposed rule. Comments
that will provide the most assistance to USCIS in developing these
procedures will reference a specific portion of the proposed rule,
explain the reason for any recommended change, and include data,
information, or authority that support such recommended change.
Instructions: All submissions received must include the agency name
and DHS Docket No. USCIS-2007-0056. All comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received go to http://www.regulations.gov. Submitted comments
may also be inspected at the Regulatory Management Division, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529.
II. Background
A. The North American Free Trade Agreement
On December 17, 1992, the United States, Canada and Mexico signed
the North American Free Trade Agreement (NAFTA or Agreement). On
December 8, 1993, the President signed into law the North American Free
Trade Agreement Implementation Act, Public Law 103-182 (NAFTA
Implementation Act). Among other things, the NAFTA Implementation Act
created a new section 214(e) of the Immigration and Nationality Act, as
amended (INA), which created the TN classification for nonimmigrant
professionals seeking admission to the United States under NAFTA.
Almost immediately following the enactment of this law, on January 1,
1994, NAFTA went into effect, thereby creating one of the largest free
trade areas in the world. Chapter 16 of NAFTA provides for the
temporary entry of qualified business persons from each of the
countries that are signatories to the Agreement. This chapter of NAFTA
establishes four categories of business persons who may be allowed
temporary entry into the territory of another NAFTA party. The four
categories are: (1) Business visitors; (2) traders and investors; (3)
intra-company
[[Page 26341]]
transferees; and (4) professionals. As discussed below, this proposed
regulation would change certain regulatory provisions dealing with the
fourth category, NAFTA professionals, by amending 8 CFR 214.6.
B. The TN Nonimmigrant Classification
The TN nonimmigrant classification permits qualified Canadian and
Mexican citizens to seek temporary entry into the United States as
business persons to engage in business activities at a professional
level. 8 CFR 214.6(a). The specific occupations which qualify for the
TN classification are set forth in Chapter 16 of NAFTA, Annex 1603,
Appendix 1603.D.1., and are reproduced at 8 CFR 214.6(c). Among the
types of professionals who are eligible to seek admission as TN
nonimmigrants are certain accountants, engineers, lawyers, pharmacists,
scientists, and teachers. The spouses and unmarried minor children of
TN nonimmigrants, if otherwise admissible, may be granted TD
nonimmigrant classification. 8 CFR 214.6(j). Although neither the NAFTA
Implementation Act nor the INA prescribes a maximum period of admission
to the United States for TN nonimmigrants and their dependents, USCIS
regulations currently provide that TN nonimmigrants may be admitted to
the United States for a period not to exceed one year. 8 CFR 214.6(e).
Currently, TN nonimmigrants generally may be readmitted to the
United States for the remainder of the period authorized on their Form
I-94, provided that the TN nonimmigrant's originally-intended
professional activity and employer(s) have not changed. 8 CFR
214.6(g)(1) and (2). TN nonimmigrants also may apply to U.S.
Citizenship and Immigration Services (USCIS) for admission for a period
of time that extends beyond the date of their original terms of
admission at any U.S. port-of-entry. 8 CFR 214.6(h)(2). TN
professionals also may, upon application to USCIS, be granted
extensions of stay for a maximum period of one year. 8 CFR 214.6(h)(1).
The spouse and unmarried minor children of TN professionals, if
otherwise eligible, may be admitted in TD classification for the period
of time granted to the TN professional, and may seek extensions of stay
for the same period as the TN professional.
III. Changes Made by This Rule
A. Increased Time of Admission, Extension of Stay, and Readmission at
the Border
TN nonimmigrants are not subject to any maximum period of stay, as
long as they continue to be engaged in TN business activities for a
U.S. employer or U.S. entity at a professional level, provided they
maintain the requisite nonimmigrant intent to depart the United States
at the conclusion of their authorized periods of stay. USCIS
regulations, however, require that such persons, if they wish to remain
in the United States beyond the period of their initial admission,
either seek readmission in TN status or apply for an extension of stay
no less frequently than annually. 8 CFR 214.6(h). This requirement
involves, at a minimum, the annual submission of documentation and
payment of the filing fees specified in 8 CFR 103.7. This proposed rule
would ease administrative burdens on TN nonimmigrants (and their TD
dependents) as well as on the U.S. employers and U.S. entities by
increasing the period of time granted to a TN nonimmigrant upon
admission, or pursuant to a timely filed request for extension of stay,
from a maximum of one year to a maximum of three years. The proposed
rule at 8 CFR 214.6(h)(2) would also permit a TN nonimmigrant to apply
for admission at a designated port-of-entry for a period of time that
extends beyond the date of original admission for up to three years.
The proposed rule does not alter any otherwise applicable
evidentiary requirements, change existing filing fee requirements as
set forth in 8 CFR 103.7, expand the maximum period of stay in TN
status which is already indefinite, or expand the principle of ``dual
intent'' to TN nonimmigrants or their TD dependents.\1\ Instead, the
proposed changes would increase the initial period of admission,
extension of stay, and readmission at the border; provide a cost and
resource savings for employers and nonimmigrants alike; and reduce the
potential for an interruption of employment due to foreign travel
requirements or delays in processing times, thereby contributing to a
more stable and predictable workforce. By reducing administrative costs
and burdens, these changes are expected to make the TN nonimmigrant
classification more attractive to professionals and their U.S.
employers. In addition, by extending the initial period of admission,
extension of stay, and readmission at the border from one year to three
years, the TN nonimmigrant classification will mirror the periods of
admission (or extension of stay) for other highly skilled nonimmigrant
categories such as H-1B, thus making the TN nonimmigrant classification
a workable alternative to those other high-skill categories for certain
Canadian and Mexican professionals. Finally, this proposal may
encourage other NAFTA signatories to reciprocate by effecting similar
liberalizing measures with respect to citizens of the United States
seeking admission to their countries under the NAFTA.
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\1\ The dual intent doctrine holds that even though a
nonimmigrant visa applicant has previously expressed a desire to
enter the United States as an immigrant--and may still have such a
desire--that does not of itself preclude the issuance of a
nonimmigrant visa to him nor preclude his being a bona fide
nonimmigrant. Matter of H-R-, 7 I&N Dec. 651, 654 (INS Reg. Comm'r
1958). See also INA section 214(h) (limiting dual intent to certain
H, L, and V nonimmigrants); 8 U.S.C. 1184(h).
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B. Changes to TD Spouses and Unmarried Minor Children
In a change from the current regulation, the proposed rule would
explicitly state that spouses and unmarried minor children of TN
professionals, if otherwise eligible, may be admitted or readmitted in
TD classification for the period of time granted to the TN
professional, and may seek extensions of stay or change of nonimmigrant
status for the same period as the TN professional. An application for
change of status or extension of stay for a TD spouse or unmarried
minor child would be filed on Form I-539.
C. Filing Location
This rule also proposes to eliminate references to specific filing
locations in current 8 CFR 214.6(h)(1). It is not necessary for USCIS
to indicate in the Code of Federal Regulations where documents will be
accepted. Further, fluctuations in volume, shifting workload needs, and
benefits processing modifications may make variation of petition and
application filing locations necessary in order to better use USCIS
resources and serve customers. Codification of filing locations
restricts USCIS' ability to address changed circumstances. Filing
locations will still be found on USCIS forms and the USCIS Web site.
Customers may also call the USCIS customer service line for information
on where to file their documents, or may call the agency listing in the
government resources pages of their local telephone directories.
Moreover, as has been past practice, USCIS will provide the public with
an adequate transition period to adapt to any changes to the current
[[Page 26342]]
filing location (the Vermont Service Center), should USCIS, in the
future, find it necessary to change the filing location(s) for TN
applications.
D. Clarification and Correction
This rule also proposes to revise the text in 8 CFR 214.6(g) and
(h) to make them more readable and would revise the text of 8 CFR
214.1(a)(2) and (c)(1) and 8 CFR 248.3 by replacing the outdated term
``TC'' with ``TN.'' ``TC'' was the previous classification given to
Canadian workers entering under the terms of the Canada-United States
Free Trade Agreement, which went into effect on January 1, 1989 and was
subsequently replaced by NAFTA. NAFTA created a new nonimmigrant
classification, ``TN,'' which includes both Canadian and Mexican
workers. In addition, USCIS proposes to delete paragraph (k)(2) from
section 214.6. This paragraph relates to the now obsolete requirement
of a petition for Mexican TN admissions. The sunset of this provision
was announced in 69 FR 11287.
The rule also proposes to add a phrase at the end of 214.6(k)(3) to
make it clear that, although the Director may not deny a petition,
suspend an approved petition, or deny entry to an applicant for TN
status based upon a strike or labor dispute involving a work stoppage
of workers in progress that has not been certified under (k)(1), the
examining officer must consider all relevant facts in determining an
alien's eligibility for TN classification.
IV. Regulatory Requirements
A. Regulatory Flexibility Act
DHS has reviewed this proposed rule in accordance with the
Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980, 5
U.S.C. 601-612, as amended by the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), requires Federal agencies to
conduct a regulatory flexibility analysis which describes the impact of
the proposed rule on small entities whenever an agency is publishing a
notice of proposed rulemaking under 5 U.S.C. 553(b). A small entity may
be a small business (defined as any independently owned and operated
business not dominant in its field that qualifies as a small business
per the Small Business Act); a small not-for-profit organization; or a
small governmental jurisdiction (locality with fewer than 50,000
people).
This rule will reduce compliance costs on the regulated industries.
This rule will save the public in information collection costs, USCIS
fees, and legal costs, because TN and TD status holders will not have
to renew their status each year. There are no provisions in this rule
that add compliance costs. Therefore, USCIS can certify that this rule
will not have a significant economic impact on a substantial number of
small entities.
B. Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
C. Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. 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 significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
D. Executive Order 12866 (Regulatory Planning and Review)
This rule has been designated as a ``significant regulatory
action'' by the Office of Management and Budget (OMB) under Executive
Order 12866, section 3(f), Regulatory Planning and Review. Accordingly,
an analysis of the economic impacts of this rule has been prepared and
submitted to the Office of Management and Budget (OMB) for review. DHS
has determined that this rule decreases the costs imposed by the TN
nonimmigrant program on the government as well as the public. The
changes made by this rule will result in more satisfaction with the
NAFTA professional program among the participating employers and the TN
status holders by increasing program flexibility and loosening time and
travel restrictions. The expected effect is an increase in the number
of TN status petitions filed with and approved by USCIS. A small
economic benefit may result from the increased availability of scarce
workers for U.S. employers in particular fields and industries. This
rule will result in fees collected by USCIS for filings associated with
TN status decreasing by approximately $2.4 million per year as a result
of this rule. In addition, total paperwork burden costs on the public
will decrease by about 12,225 hours and $340,000 as a result of fewer
required filings. Eventually, DOS and USCBP annual fee collections from
TN nonimmigrants will also decrease as a result of this proposed rule.
A copy of the complete analysis is available in the rulemaking docket
for this rule at http://www.regulations.gov, under Docket No. USCIS-
2007-0056, or by calling the information contact listed above.
E. Executive Order 13132 (Federalism)
This rule would have no substantial direct effects on the States,
on the relationship between the National Government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, this rule does not have sufficient
federalism implications to warrant the preparation of a federalism
summary impact statement.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, Public Law 104-13, 109
Stat. 163 (1995) (PRA), all Departments are required to submit to OMB,
for review and approval, any reporting or recordkeeping requirements
inherent in a rule. This rulemaking does not impose any new reporting
or recordkeeping requirements under the Paperwork Reduction Act.
However, by requiring TN and TD status renewals every three years
instead of every year, this rule will reduce the volume of Form I-129
filings, Form I-907, Request for Premium Processing Service, filings,
and Form I-539, Application To Extend/Change Nonimmigrant Status,
filings per year and the aggregate paperwork burden on the public
accordingly. When the rule is published as a final rule, USCIS will
submit the appropriate requests for non-substantive change to OMB to
reflect the reduced annual respondents and costs.
List of Subjects
8 CFR Part 214
Administrative practice and procedure, Aliens, Employment,
Reporting and recordkeeping requirements.
8 CFR Part 248
Aliens, Reporting and recordkeeping requirements.
Accordingly, chapter I of title 8 of the Code of Federal
Regulations is proposed to be amended as follows:
[[Page 26343]]
PART 214--NONIMMIGRANT CLASSES
1. The authority citation for part 214 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187,
1221, 1258, 1281, 1282, 1301-1305 and 1372; sec. 643, Pub. L. 104-
208, 110 Stat. 3009-708; 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; 8 CFR part 2.
Sec. 214.1 [Amended]
2. Section 214.1 is amended by:
a. Removing the designation ``Cdn FTA, Professional'' and ``TC''
from the list in paragraph (a)(2);
b. Removing the term ``TC'' and adding ``TN'' in its place in the
first sentence in paragraph (c)(1).
3. Section 214.6 is amended by:
a. Revising the section heading and by revising paragraphs (e),
(g), and (h);
b. Redesignating paragraphs (j)(1), (j)(2) and (j)(3) as paragraphs
(j)(2), (j)(3), and (j)(4), respectively;
c. Adding a new paragraph (j)(1);
d. Revising newly redesignated paragraphs (j)(2), (j)(3), and
(j)(4); and by
e. Revising paragraph (k);
The addition and revisions read as follows:
Sec. 214.6 Citizens of Canada or Mexico seeking temporary entry under
NAFTA to engage in business activities at a professional level.
* * * * *
(e) Procedures for admission. A citizen of Canada or Mexico who
qualifies for admission under this section shall be provided confirming
documentation (Form I-94) and shall be admitted under the
classification symbol TN for a period not to exceed three years. Form
I-94 shall bear the legend ``multiple entry.'' The fee prescribed under
8 CFR 103.7(b)(1) shall be remitted by Canadian Citizens upon admission
to the United States pursuant to the terms and conditions of the NAFTA.
Upon remittance of the prescribed fee, the TN applicant for admission
shall be provided a Department-issued receipt (Form G-211, Form G-711,
or Form I-797).
* * * * *
(g) Readmission. (1) With a Form I-94. An alien may be readmitted
to the United States in TN classification for the remainder of the
period of TN admission authorized on Form I-94, without presentation of
the letter or supporting documentation described in paragraph (d)(3) of
this section and without the prescribed fee set forth in 8 CFR
103.7(b)(1), provided that the original intended professional
activities and employer(s) have not changed, and the Form I-94 has not
expired.
(2) Without a valid I-94. If the alien seeking readmission to the
United States in TN classification is no longer in possession of a
valid, unexpired Form I-94, and the period of initial admission in TN
classification has not lapsed, a new Form I-94 may be issued for the
period of validity that remains on the TN nonimmigrant's original Form
I-94 with the legend ``multiple entry'' and the alien readmitted in TN
status if the alien presents alternate evidence as follows:
(i) For Canadian citizens, alternate evidence may include, but is
not limited to, a fee receipt for admission as a TN or a previously
issued admission stamp as TN in a passport, and a confirming letter
from the United States employer(s).
(ii) For Mexican citizens seeking readmission as TN nonimmigrants,
alternate evidence shall consist of presentation of a valid TN visa and
evidence of a previous admission.
(h) Extension of stay. (1) Filing. A United States employer of a
citizen of Canada or Mexico who is currently maintaining valid TN
nonimmigrant status, or a United States entity (in the case of a
citizen of Canada or Mexico who is currently maintaining valid TN
nonimmigrant status and is employed by a foreign employer), may request
an extension of stay, subject to the following conditions:
(i) An extension of stay must be requested by filing Form I-129
with the prescribed fee noted at 8 CFR 103.7(b)(1), in accordance with
the form instructions.
(ii) The beneficiary must be physically present in the United
States at the time of the filing of the Form I-129 requesting an
extension of stay as a TN nonimmigrant. If the alien is required to
leave the United States for any reason while the Form I-129 is pending,
the petitioner may request USCIS to notify the consular office where
the beneficiary is required to apply for a visa or, if visa exempt, a
DHS-designated port-of-entry where the beneficiary will apply for
admission to the United States, of the approval.
(iii) An extension of stay may be approved by USCIS for a maximum
of three years.
(iv) There is no specific limit on the total period of time an
alien may be in TN status provided the alien is continuing to be
engaged in TN business activities for a U.S. employer or entity at a
professional level and otherwise continues to properly maintain
nonimmigrant TN status.
(2) Readmission at the border. Nothing in paragraph (h)(1) of this
section shall preclude a citizen of Canada or Mexico who has previously
been admitted to the United States in TN status, and has not violated
such status while in the United States, from applying at a DHS-
designated port-of-entry, prior to the expiration date of that period
of admission, for a new period of admission not to exceed three years
from the date of request for such new period of admission. The
application for a new period of admission shall be supported by a new
letter from the United States employer or the foreign employer, in the
case of a citizen of Canada who is providing prearranged services to a
United States entity, which meets the requirements of paragraph (d) of
this section, together with the appropriate filing fee noted at 8 CFR
103.7(b)(1). Citizens of Mexico must present a valid passport and
nonimmigrant TN visa when applying for readmission, as outlined in
paragraph (d)(1) of this section.
* * * * *
(j) * * *
(1) The spouse or unmarried minor children of a citizen of Canada
or Mexico admitted in TN nonimmigrant status, if they are otherwise
admissible, may be admitted initially, readmitted, or granted a change
of nonimmigrant status or an extension of his or her period of stay for
the same period of time granted to the TN nonimmigrant. Such spouse or
unmarried minor children shall, upon approval of an application for
admission, readmission, change of status or extension of stay be
classified as TD nonimmigrants. A request for a change of status to TD
or an extension of stay of a TD nonimmigrant may be made on Form I-539
together with appropriate filing fees and evidence of the principal
alien's current TN status.
(2) The spouse or unmarried minor children of a citizen of Canada
or Mexico admitted in TN nonimmigrant status shall be required to
present a valid, unexpired nonimmigrant TD visa unless otherwise exempt
under Sec. 212.1 of this chapter.
(3) The spouse and unmarried minor children of a citizen of Canada
or Mexico admitted in TN nonimmigrant status shall be issued confirming
documentation (Form I-94) bearing the legend ``multiple entry''. There
shall be no fee required for admission of the spouse and unmarried
minor children.
(4) The spouse and unmarried minor children of a citizen of Canada
or Mexico admitted in TN nonimmigrant status shall not accept
employment in the United States unless otherwise authorized under the
Act.
[[Page 26344]]
(k) Effect of a strike. (1) If the Secretary of Labor certifies to
or otherwise informs the Director of USCIS that a strike or other labor
dispute involving a work stoppage of workers is in progress, and the
temporary entry of a citizen of Mexico or Canada in TN nonimmigrant
status may affect adversely the settlement of any labor dispute or the
employment of any person who is involved in such dispute, the United
States may refuse to issue an immigration document authorizing entry or
employment to such alien.
(2) If the alien has already commenced employment in the United
States and is participating in a strike or other labor dispute
involving a work stoppage of workers, whether or not such strike or
other labor dispute has been certified by the Department of Labor, or
whether USCIS has been otherwise informed that such a strike or labor
dispute is in progress, the alien shall not be deemed to be failing to
maintain his or her status solely on account of past, present, or
future participation in a strike or other labor dispute involving a
work stoppage of workers, but is subject to the following terms and
conditions:
(i) The alien shall remain subject to all applicable provisions of
the Immigration and Nationality Act and regulations promulgated in the
same manner as all other TN nonimmigrants;
(ii) The status and authorized period of stay of such an alien is
not modified or extended in any way by virtue of his or her
participation in a strike or other labor dispute involving a work
stoppage of workers; and
(iii) Although participation by a TN nonimmigrant alien in a strike
or other labor dispute involving a work stoppage of workers will not
constitute a ground for removal, any alien who violates his or her
status or who remains in the United States after his or her authorized
period of stay has expired will be subject to removal.
(3) If there is a strike or other labor dispute involving a work
stoppage of workers in progress, but such strike or other labor dispute
is not certified under paragraph (k)(1) of this section, or USCIS has
not otherwise been informed by the Secretary that such a strike or
labor dispute is in progress, the Director, USCIS, shall not deny a
petition or deny entry to an applicant for TN status based upon such
strike or other labor dispute.
PART 248--CHANGE OF NONIMMIGRANT CLASSIFICATION
4. The authority citation for part 248 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1184, 1258; 8 CFR part 2.
Sec. 248.3 [Amended]
5. Section 248.3 is amended by removing the term ``TC'' and adding
``TN'' in its place in the first sentence of paragraph (a)(1).
Dated: May 2, 2008.
Michael Chertoff,
Secretary.
[FR Doc. E8-10343 Filed 5-8-08; 8:45 am]
BILLING CODE 9111-97-P