Inspector's Field Manual - Gani

Inspector's Field Manual
minor capacity, has special qualifications that make the services to be rendered essential to the successful or
efficient operation of the enterprise. The essential employee must possess special skills including skills which are
unique to operations in the U.S. Such employees are highly and specially skilled.
- Temporary. All persons must indicate the intent to depart the U.S. upon termination of status, ceasing
business operations or sale of business, etc.
(2) Terms of Admission. An alien seeking admission as a treaty trader or treaty investor under the
NAFTA as an E-1 or E-2 must be in possession of a nonimmigrant visa issued by an American consular officer
classifying the alien under section 101(a)(15)(E) of the Act. Both Canadian and Mexican citizens must apply at a
U.S. embassy or consulate for the issuance of an "E" nonimmigrant visa and pay any visa fee. A supplemental
Form OF-156E must be submitted with pertinent documentation to the consular officer. Upon admission, issue
both Canadian and Mexican treaty traders and treaty investors and their dependents a Form I-94, endorsed in
the same manner as other E-1 and E-2 nonimmigrants. The classification code E-1 or E-2 will be marked clearly
on the I-94. The I-94 with the E-1 or E-2 notation is the employment authorization documentation for the treaty
trader or treaty investor. The Form I-94 is presented to the Social Security Administration for purposes of
applying for a social security number. Periods of initial admission and extension are the same as for other E-1
and E-2 nonimmigrants.
(3) Spouse and Dependent Children. The spouse and children of a treaty trader or treaty investor may
accompany or follow to join the E-1 or E-2 business person if they otherwise meet the general requirements for
temporary entry. There is no requirement that the spouse and children be Canadian or Mexican citizens. Such
dependents may not work in the U.S. without obtaining a change of status, but may attend school, if incident to
status. As with other E-1 and E-2 nonimmigrant dependents, their I-94 visa symbol is the same as the principal's;
endorsements are the same as for other E dependents.
(e) L Classification as an Intracompany Transferee.
(1) Qualifications. The designated nonimmigrant classification for the intracompany transferee who
enters the U.S. under the NAFTA is L-1. The L-1 classification has been part of the Act since the 1970's through
section 101(a)(15)(L). The U.S. has committed to allow citizens of Canada and Mexico who meet the
qualifications of the current L-1 classification to enter the U.S. as intracompany transferees while the NAFTA is
in force. Immigration officers must familiarize themselves with definition of the L classification at section
101(a)(15)(L) of the Act and regulations at 8 CFR 214.2(l). See L-1 notes in Chapter 15.4 and Adjudicator's Field
Manual, Chapter 32.
The NAFTA intracompany transferee must qualify under the existing requirements for L classification,
including:
- Citizenship. To qualify for the NAFTA intracompany transferee classification, the applicant must
establish Canadian or Mexican citizenship.
- Qualifying Capacity. The applicant must qualify in a capacity that is managerial, executive, or one
involving specialized knowledge.
- Qualifying Entity. The applicant must be seeking entry to work for an entity in the U.S. which is the
parent, branch, affiliate, or subsidiary of the entity in the foreign country.
- Qualifying Past Employment. The applicant must have been employed continuously for 1 year in the
previous past 3 years with the qualifying entity abroad in a qualifying capacity.
(2) Terms of Admission. A petition must be filed in the applicant's behalf to accord the alien
classification as an L-1. The petition must be submitted by the qualifying entity to the Service on Form I-129,
Petition for Temporary Worker, in accordance with the instructions to that form. The Service will provide the
NAFTA intracompany transferee and dependents with Forms I-94 at the time of admission endorsed in the same
manner as other class L admissions. The I-94 is the employment authorization document for the L-1 and may be
presented to the Social Security Administration for the purpose of applying for a social security number. Periods
of admission and extension for NAFTA L aliens are the same as for other L nonimmigrants.
(A) Citizens of Canada. A citizen of Canada is not required to, but may obtain, a nonimmigrant visa.