[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR214.6] [Page 356-362] TITLE 8--ALIENS AND NATIONALITY CHAPTER I--DEPARTMENT OF HOMELAND SECURITY PART 214_NONIMMIGRANT CLASSES--Table of Contents Sec. 214.6 Canadian and Mexican citizens seeking temporary entry to engage in business activities at a professional level. (a) General. Under section 214(e) of the Act, a citizen of Canada or Mexico who seeks temporary entry as a business person to engage in business activities at a professional level may be [[Page 357]] admitted to the United States in accordance with the North American Free Trade Agreement (NAFTA). (b) Definitions. As used in this section, the terms: Business activities at a professional level means those undertakings which require that, for successful completion, the individual has a least a baccalaureate degree or appropriate credentials demonstrating status as a professional in a profession set forth in Appendix 1603.D.1 of the NAFTA. Business person, as defined in the NAFTA, means a citizen of Canada or Mexico who is engaged in the trade of goods, the provision of services, or the conduct of investment activities. Engage in business activities at a professional level means the performance of prearranged business activities for a United States entity, including an individual. It does not authorize the establishment of a business or practice in the United States in which the professional will be, in substance, self-employed. A professional will be deemed to be self-employed if he or she will be rendering services to a corporation or entity of which the professional is the sole or controlling shareholder or owner. Temporary entry, as defined in the NAFTA, means entry without the intent to establish permanent residence. The alien must satisfy the inspecting immigration officer that the proposed stay is temporary. A temporary period has a reasonable, finite end that does not equate to permanent residence. In order to establish that the alien's entry will be temporary, the alien must demonstrate to the satisfaction of the inspecting immigration officer that his or her work assignment in the United States will end at a predictable time and that he or she will depart upon completion of the assignment. (c) Appendix 1603.D.1 to Annex 1603 of the NAFTA. Pursuant to the NAFTA, an applicant seeking admission under this section shall demonstrate business activity at a professional level in one of the professions set forth in Appendix 1603.D.1 to Annex 1603. The professions in Appendix 1603.D.1 and the minimum requirements for qualification for each are as follows: \1\ --------------------------------------------------------------------------- \1\ A business person seeking temporary employment under this Appendix may also perform training functions relating to the profession, including conducting seminars. --------------------------------------------------------------------------- Appendix 1603.D.1 (Annotated) --Accountant--Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A., or C.M.A. --Architect--Baccalaureate or Licenciatura Degree; or state/provincial license.\2\ --------------------------------------------------------------------------- \2\ The terms ``state/provincial license'' and ``state/provincial/ federal license'' mean any document issued by a state, provincial, or federal government, as the case may be, or under its authority, but not by a local government, that permits a person to engage in a regulated activity or profession. --------------------------------------------------------------------------- --Computer Systems Analyst--Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma \3\ or Post Secondary Certificate \4\ and three years' experience. --------------------------------------------------------------------------- \3\ ``Post Secondary Diploma'' means a credential issued, on completion of two or more years of post secondary 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 post secondary education at an academic institution, by the federal government of Mexico or a state government in Mexico, an academic institution recognized by the federal government or a state government, or an academic institution created by federal or state law. --------------------------------------------------------------------------- --Disaster relief insurance claims adjuster (claims adjuster employed by an insurance 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 [[Page 358]] 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\ --------------------------------------------------------------------------- \5\ The term ``Mathematician'' includes the profession of Actuary. An Actuary must satisfy the necessary requirements to be recognized as an actuary by a professional actuarial association or society. A professional actuarial association or society means a professional actuarial association or society operating in the territory of at least one of the Parties. --------------------------------------------------------------------------- --Range Manager/Range Conservationist--Baccalaureate or Licenciatura Degree. --Research Assistant (working in a post-secondary educational institution)--Baccalaureate or Licenciatura Degree. --Scientific Technician/Technologist \6\--Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research. --------------------------------------------------------------------------- \6\ A business person in this category must be seeking temporary entry for work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics. --------------------------------------------------------------------------- --Social Worker--Baccalaureate or Licenciatura Degree. --Sylviculturist (including Forestry Specialist)--Baccalaureate or Licenciatura Degree. --Technical Publications Writer--Baccalaureate or Licenciatura Degree, or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience. --Urban Planner (including Geographer)--Baccalaureate or Licenciatura Degree. --Vocational Counselor--Baccalaureate or Licenciatura Degree. Medical/Allied Professionals --Dentist--D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or state/provincial license. --Dietitian--Baccalaureate or Licenciatura Degree; or state/provincial license. --Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) \7\--Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience. --------------------------------------------------------------------------- \7\ A business person in this category must be seeking temporary entry to perform in a laboratory chemical, biological, hematological, immunologic, microscopic or bacteriological tests and analyses for diagnosis, treatment, or prevention of diseases. --------------------------------------------------------------------------- --Nutritionist--Baccalaureate or Licenciatura Degree. --Occupational Therapist--Baccalaureate or Licenciatura Degree; or state/provincial license. --Pharmacist--Baccalaureate or Licenciatura Degree; or state/provincial license. --Physician (teaching or research only)--M.D. 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. [[Page 359]] --Biochemist--Baccalaureate or Licenciatura Degree. --Biologist--Baccalaureate or Licenciatura Degree. \8\ --------------------------------------------------------------------------- \8\ The term ``Biologist'' includes the profession of Plant Pathologist. --------------------------------------------------------------------------- --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. (d) Classification of citizens of Canada or Mexico as TN professionals under the NAFTA--(1) Citizens of Mexico. A citizen of Mexico who seeks temporary entry as a business person to engage in business activities at a professional level may be admitted to the United States in accordance with NAFTA upon presentation of a valid passport and valid TN nonimmigrant visa at a United States Class A port- of-entry, at a United States airport handling international traffic, or at a United States pre-clearance/pre-flight station. (2) Citizens of Canada. A citizen of Canada seeking temporary entry as a business person to engage in business activities at a professional level shall make application for admission with a Department officer at the United States Class A port-of-entry, at a United States airport handling international traffic, or at a United States pre-clearance/pre- flight station. (3) Documentation. Upon application for a visa at a United States consular office, or, in the case of a citizen of Canada making application for admission at a port-of-entry, an applicant under this section shall present the following: (i) Proof of citizenship. A Mexican citizen applying for admission as a TN nonimmigrant must establish such citizenship by presenting a valid passport. Canadian citizens, while not required to present a valid passport for admission unless traveling from outside the Western hemisphere, must establish Canadian citizenship. (ii) Documentation demonstrating engagement in business activities at a professional level and demonstrating professional qualifications. The applicant must present documentation sufficient to satisfy the consular officer (in the case of a Mexican citizen) or the Department officer (in the case of a Canadian citizen) that the applicant is seeking entry to the United States to engage in business activities for a United States employer(s) or entity(ies) at a professional level, and that the applicant meets the criteria to perform at such a professional level. This documentation may be in the form of a letter from the prospective employer(s) in the United States or from the foreign employer, and must be supported by diplomas, degrees or membership in a professional organization. Degrees received by the applicant from an educational institution not located within Canada, Mexico, or the United States must be accompanied by an evaluation by a reliable credentials evaluation service which specializes in evaluating foreign educational credentials. The documentation shall fully affirm: (A) The Appendix 1603.D.1 profession of the applicant; (B) A description of the professional activities, including a brief summary of daily job duties, if appropriate, in [[Page 360]] which the applicant will engage in for the United States employer/ entity; (C) The anticipated length of stay; (D The educational qualifications or appropriate credentials which demonstrate that the Canadian or Mexican citizen has professional level status; and (E) The arrangements for remuneration for services to be rendered. (e) Procedures for admission for a citizen of Canada or Mexico--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 one year. 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). (f) [Reserved] (g) Readmission--(1) Canadian citizens. A Canadian citizen in this classification may be readmitted to the United States for the remainder of the period authorized on Form I-94, without presentation of the letter or supporting documentation described in paragraph (e)(3) of this section, and without remittance of the prescribed fee, provided that the original intended professional activities and employer(s) have not changed. If the Canadian citizen seeking readmission to the United States is no longer in possession of a valid, unexpired Form I-94, and the period of initial admission has not lapsed, he or she shall present alternate evidence in order to be readmitted in TN status. This alternate evidence may include, but is not limited to, a Service 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). A new Form I-94 shall be issued at the time of readmission bearing the legend ``multiple entry''. (2) Mexican citizens. A Mexican citizen in this classification may be readmitted for the remainder of the period of time authorized on Form I-94 provided that the original intended professional activities and employer(s) have not changed. If the Mexican citizen seeking readmission to the United States is no longer in possession of a valid, unexpired Form I-94, he or she may be readmitted upon presentation of a valid TN visa and evidence of a previous admission. A new Form I-94 shall be issued at the time of readmission bearing the legend ``multiple entry''. (h) Extension of stay--(1) Filing at the service center. The United States employer of a citizen of Canada or Mexico in TN status or a United States entity, in the case of a citizen of Canada or Mexico in TN status who has a foreign employer, may request an extension of stay by filing Form I-129 with the prescribed fee noted at 8 CFR 103.7(b)(1), with the Nebraska Service Center. The beneficiary must be physically present in the United States at the time of the filing of the extension of stay. If the alien is required to leave the United States for any reasons while the extension request is pending, the petitioner, in the case of a Mexican citizen TN beneficiary, may request the director to cable notification of approval to the consular office abroad where the Mexican TN beneficiary will apply for a visa. In the case of a Canadian TN beneficiary, the petitioner may request the director to cable notification of approval of the application to the port-of-entry where the Canadian TN beneficiary will apply for admission to the United States. If approved, an extension of stay may be authorized for up to one year. There is no specific limit on the total period of time an alien may remain in 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 in the United States in TN status from applying for admission for a period of time that extends beyond the date of his or her original term of admission at any United States port-of-entry. The application for 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 [[Page 361]] United States entity, which meets the requirements of paragraph (e) of this section. 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. 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. (i) Request for change or addition of United States employers--(1) Filing at the service center. A citizen of Canada or Mexico admitted into the United States as a TN nonimmigrant who seeks to change or add a United States employer during the period of admission must have the new employer file a Form I-129 with appropriate supporting documentation, including a letter from the new employer describing the services to be performed, the time needed to render such services, and the terms of remuneration for services. Employment with a different or with an additional employer is not authorized prior to Department approval of the request. (2) Readmission at the border. Nothing in paragraph (i)(1) of those section precludes a citizen of Canada or Mexico from applying for readmission to the United States for the purpose of presenting documentation from a different or additional United States or foreign employer. Such documentation shall meet the requirements prescribed in paragraph (d) of this section. 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. Citizens of Mexico may present documentation from a different or additional United States or foreign employer to a consular officer as evidence in support of a new nonimmigrant TN visa application. (3) No action shall be required on the part of a citizen of Canada or Mexico in TN status who is transferred to another location by the same United States employer to perform the same services. Such an acceptable transfer would be to a branch or office of the employer. In a case of a transfer to a separately incorporated subsidiary or affiliate, the requirements of paragraphs (i)(1) and (i)(2) of this section will apply. (j) Spouse and unmarried minor children accompanying or following to join. (1) The spouse of unmarried minor child 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. (2) The spouse and dependent minor children 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 dependent minor children. (3) The spouse and dependent minor children shall not accept employment in the United States unless otherwise authorized under the Act. (k) Effect of a strike. If the Secretary of Labor certifies to or otherwise informs the Commissioner 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: (1) The United States may refuse to issue an immigration document authorizing entry or employment to such alien. (2) A Form I-129 seeking to classify a citizen of Mexico as a TN nonimmigrant may be denied. If a petition has already been approved, but the alien has not yet entered the United States, or has entered the United States but not yet commenced employment, the approval of the petition may be suspended. (3) 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 the Service 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 [[Page 362]] 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 deportation, 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 deportation. (4) 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 the Service has not otherwise been informed by the Secretary that such a strike or labor dispute is in progress, the Commissioner shall not deny a petition, suspend an approved petition, or deny entry to an applicant for TN status. [58 FR 69212, Dec. 30, 1993, as amended at 63 FR 1335, Jan. 9, 1998; 69 FR 11289, Mar. 10, 2004; 69 FR 60941, Oct. 13, 2004]