Rule2021-24045
Visas: Nonimmigrant Visas
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 5, 2021
Effective
December 6, 2021
Issuing agencies
State Department
Abstract
The Department of State (Department) is amending its regulation governing nonimmigrant visas by amending its rules to remove references to the North American Free Trade Agreement (NAFTA) and replace them with references to the United States-Mexico-Canada Agreement (USMCA).
Full Text
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<title>Federal Register, Volume 86 Issue 212 (Friday, November 5, 2021)</title>
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[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Rules and Regulations]
[Pages 61064-61066]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24045]
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DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice: 11462]
RIN 1400-AF34
Visas: Nonimmigrant Visas
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: The Department of State (Department) is amending its
regulation governing nonimmigrant visas by amending its rules to remove
references to the North American Free Trade Agreement (NAFTA) and
replace them with references to the United States-Mexico-Canada
Agreement (USMCA).
DATES: This final rule is effective on December 6, 2021.
FOR FURTHER INFORMATION CONTACT: Claire Kelly, Office of Visa Services,
Bureau of Consular Affairs, Department of State, 600 19th St. NW,
Washington, DC 20006, (202) 485-7586.
SUPPLEMENTARY INFORMATION:
What changes is the Department making to 22 CFR 41.12 and 41.59?
The Department is amending 22 CFR 41.12 and 41.59 to remove
references to NAFTA and replace them with references to the USMCA,
which entered into force on July 1, 2020, and replaced NAFTA.
I. Regulatory Findings
Administrative Procedure Act
This rule is issued without prior notice and comment, with an
effective
[[Page 61065]]
date 30 days after publication in the Federal Register, pursuant to the
Administrative Procedure Act (``APA''), 5 U.S.C. 553(b)(3)(A) and
(d)(2), because it re-states existing agency procedure or practice. As
noted in the Preamble, the USMCA has replaced NAFTA, and visas
previously issued to NAFTA professionals are now issued to USMCA
professionals. Congress has amended 8 U.S.C. 1184(e) to replace
references to NAFTA with references to the USMCA. The purpose of this
rule is to make technical corrections to the regulatory text to replace
references to NAFTA with references to USMCA, and consequently, it is
not subject to the notice and comment rulemaking procedures set forth
in 5 U.S.C. 553.
Regulatory Flexibility Act/Executive Order 13272: Small Business
Because this final rule is exempt from notice and comment
rulemaking under 5 U.S.C. 553, it is exempt from the regulatory
flexibility analysis requirements set forth by the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq.
Unfunded Mandates 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 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.
Congressional Review Act of 1996
This rule is not a major rule as defined by 5 U.S.C. 804(2), for
purposes of congressional review of agency rulemaking. The Department
does not believe that this rule will 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 U.S.-based companies to
compete with foreign-based companies in domestic and import markets.
Executive Orders 12866, and 13563: Reducing Regulation and Controlling
Regulatory Cost
The Department has reviewed this rule to ensure its consistency
with the regulatory philosophy and principles set forth in Executive
Orders 12866 and 13563, and has determined that the benefits of this
regulation, i.e., updating these rules to reflect the current
agreement, outweigh any cost imposed by this rulemaking, which the
Department assesses to be minimal.
Executive Orders 12372 and 13132: Federalism
While the USMCA itself may have an effect on States, 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. Therefore, this rule will not have federalism implications
warranting the application of Executive Orders 12372 and 13132.
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
The Department has determined that this rulemaking will not have
tribal implications, will not impose substantial direct compliance
costs on Indian tribal governments, and will not preempt tribal law.
Accordingly, the requirements of section 5 of Executive Order 13175 do
not apply to this rulemaking.
Paperwork Reduction Act
This rule does not impose or revise any reporting or record-keeping
requirements under the provisions of the Paperwork Reduction Act, 44
U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 41
Aliens, Passports and visas.
Accordingly, under the authority 8 U.S.C. 1104 and 22 U.S.C.
2651(a), 22 CFR part 41 is amended as follows:
PART 41--VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE
IMMIGRATION AND NATIONALITY ACT, AS AMENDED
0
1. The authority citation for part 41 continues to read as follows:
Authority: 8 U.S.C. 1101; 1102; 1104; 1182; 1184; 1185 note
(section 7209 of Pub. L. 108-458, as amended by section 546 of Pub.
L. 109-295); 1323; 1361; 2651a.
0
2. Amend Sec. 41.12 by revising the introductory text and revising the
entries for ``TD'' and ``TN'' in the table to read as follows:
Sec. 41.12 Classification symbols.
A visa issued to a nonimmigrant alien within one of the classes
described in this section shall bear an appropriate visa symbol to show
the classification of the alien. The symbol shall be inserted in the
space provided on the visa. The following visa symbols shall be used:
------------------------------------------------------------------------
Section
Symbol Class of law
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* * * * *
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TN........................ USMCA Professional............... 214(e)(1)
TD........................ Spouse or Child of a USMCA 214(e)(1)
Professional.
* * * * *
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0
3. Revise Sec. 41.59 to read as follows:
Sec. 41.59 Professionals under the United States-Mexico-Canada
Agreement (USMCA).
(a) Requirements for classification as a USMCA professional. An
alien shall be classifiable under the provisions of INA 214(e) if:
(1) The consular officer is satisfied that the alien qualifies
under the provisions of that section; and
(2) The alien shall have presented to the consular officer
sufficient evidence of an offer of employment in the United States
requiring employment of a person in a professional capacity consistent
with Section D and Appendix 2 of Annex 16-A of Chapter 16 of the USMCA
and sufficient evidence that the alien possesses the credentials of
that profession as listed in said appendix; or
(3) The alien is the spouse or child of an alien so classified in
accordance with paragraph (a)(2) of this section and is accompanying or
following to join the principal alien.
(b) Visa validity. The period of validity of a visa issued pursuant
to paragraph (a) of this section may not exceed the period established
on a reciprocal basis.
(c) Temporary entry. Temporary entry means an entry into the United
States without the intent to establish permanent residence. The alien
must satisfy the consular officer that the proposed stay is temporary.
A temporary period has a reasonable, finite end that does not equate to
permanent residence. The circumstances surrounding an application
should reasonably and convincingly indicate that the alien's temporary
work assignment in the United States will end predictably and that the
alien will depart upon completion of the assignment.
(d) Labor disputes. Citizens of Canada or Mexico shall not be
entitled to classification under this section if the Secretary of
Homeland Security and the Secretary of Labor have certified that:
(1) 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
(2) The alien has failed to establish that the alien's entry will
not affect
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adversely the settlement of the strike or lockout or the employment of
any person who is involved in the strike or lockout.
Kevin E. Bryant,
Acting Director, Office of Directives Management, Department of State.
[FR Doc. 2021-24045 Filed 11-4-21; 8:45 am]
BILLING CODE 4710-06-P
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</html>Indexed from Federal Register on November 5, 2021.
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