Appendix 1603.A.1: Business Visitors
Research and Design
Growth, Manufacture and Production
Marketing
Sales
Distribution
AfterSales Service
General Service
(a) with a group of passengers on a bus tour that has begun in, and will return to, the territory of another Party;
(b) to meet a group of passengers on a bus tour that will end, and the predominant portion of which will take place, in the territory of another Party; or
(c) with a group of passengers on a bus tour to be unloaded in the territory of the Party into which temporary entry is sought, and returning with no passengers or reloading with the group for transportation to the territory of another Party.
Definitions
For purposes of this Appendix:
territory of another Party means the territory of a Party other than the territory of the Party into which temporary entry is sought;
tour bus operator means a natural person, including relief personnel accompanying or following to join, necessary for the operation of a tour bus for the duration of a trip; and
transportation operator means a natural person, other than a tour bus operator, including relief personnel accompanying or following to join, necessary for the operation of a vehicle for the duration of a trip.
Appendix 1603.A.3: Existing Immigration Measures
1. In the case of Canada, subsection 19(1) of the Immigration Regulations, 1978, SOR/78172, as amended, made under the Immigration Act, R.S.C. 1985, c. I2, as amended.
2. In the case of the United States, section 101(a)(15)(B) of the Immigration and Nationality Act, 1952, as amended.
3. In the case of Mexico, Chapter III of the General Demography Law ("Ley General de Población"), 1974, as amended.
Appendix 1603.D.1: Professionals
PROFESSION1 MINIMUM EDUCATION REQUIREMENTS
AND ALTERNATIVE CREDENTIALS
General
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 license2 Computer Systems Analyst Baccalaureate or Licenciatura Degree; or PostSecondary Diploma3 or PostSecondary Certificate4, and three years experience Disaster Relief Insurance Claims Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to Adjuster (claims Adjuster employed disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of by an insurance company located in insurance adjustment pertaining to disaster relief claims. the territory of a Party, or an independent claims adjuster) 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 PostSecondary Diploma or PostSecondary Certificate, and three years experience Hotel Manager Baccalaureate or Licenciatura Degree in hotel/restaurant management; or PostSecondary Diploma or PostSecondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management Industrial Designer Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience Interior Designer Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary 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 LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (five years); or membership in a state/provincial bar the Province of Quebec) 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 Range Manager/Range Conservationalist Baccalaureate or Licenciatura Degree Research Assistant (working in a post- Baccalaureate or Licenciatura Degree secondary educational institution) Scientific Technician/Technologist5 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 Social Worker Baccalaureate or Licenciatura Degree Sylviculturist (including Baccalaureate or Licenciatura Degree Forestry Specialist) Technical Publications Writer Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience Urban Planner (including Geographer) Baccalaureate or Licenciatura Degree Vocational Counsellor Baccalaureate or Licenciatura Degree
Medical/Allied Professional
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 Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience (Canada)/Medical Technologist (Mexico and the United States)6 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. or 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 Biochemist Baccalaureate or Licenciatura Degree Biologist Baccalaureate or Licenciatura Degree 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 Geologist Baccalaureate or Licenciatura Degree Geochemist Baccalaureate or Licenciatura Degree Geophysicist (including Oceanographer Baccalaureate or Licenciatura Degree in Mexico and the United States) Horticulturist Baccalaureate or Licenciatura Degree Meteorologist Baccalaureate or Licenciatura Degree Pharmacologist Baccalaureate or Licenciatura Degree Physicist (including Oceanographer Baccalaureate or Licenciatura Degree in Canada) 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
__________________________________________________
1 A business person seeking temporary entry under this Appendix may also perform training functions relating to the profession, including conducting seminars.
2 "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.
3 "Post-Secondary Diploma" means a credential issued, on completion of two or more years of postsecondary 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 postsecondary 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.
5 A business person in this category must be seeking temporary entry to work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics.
6 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 disease.
Appendix 1603.D.4: United States
1. Beginning on the date of entry into force of this Agreement as between the United States and Mexico, the United States shall annually approve as many as 5,500 initial petitions of business persons of Mexico seeking temporary entry under Section D of Annex 1603 to engage in a business activity at a professional level in a profession set out in Appendix 1603.D.1.
2. For purposes of paragraph 1, the United States shall not take into account:
(a) the renewal of a period of temporary entry;
(b) the entry of a spouse or children accompanying or following to join the principal business person;
(c) an admission under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, 1952, as may be amended, including the worldwide numerical limit established by section 214(g)(1)(A) of that Act; or
(d) an admission under any other provision of section 101(a)(15) of that Act relating to the entry of professionals.
3. Paragraphs 4 and 5 of Section D of Annex 1603 shall apply as between the United States and Mexico for no longer than:
(a) the period that such paragraphs or similar provisions may apply as between the United States and any other Party other than Canada or any non Party; or
(b) 10 years after the date of entry into force of this Agreement as between such Parties, whichever period is shorter.
Annex 1604.2: Provision of Information
The obligations under Article 1604(2) shall take effect with respect to Mexico one year after the date of entry into force of this Agreement.
Annex 1608: Country Specific Definitions
For purposes of this Chapter:
citizen means, with respect to Mexico, a national or a citizen according to the existing provisions of Articles 30 and 34, respectively, of the Mexican Constitution; and
existing means, as between:
(a) Canada and Mexico, and Mexico and the United States, in effect on the date of entry into force of this Agreement; and
(b) Canada and the United States, in effect on January 1, 1989.
Continue on to Chapter 17: Intellectual Property
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