Appendix 1603.D.1

Professionals

NOTE. See footnotes on last page of this appendix [page [523]]. Footnotes 5 and 6 were previously numbered 1 and 2 on the same page.

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 post-secondary education, by an accredited academic institution in Canada or the United States. "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.

SA 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.

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.

VII. DESCRIPTION OF OTHER PROVISIONS RELATING TO IMMIGRATION OR TREATMENT OF ALIENS

(Source: American Law Division, Congressional Research Service, Library of Congress; as of January 1, 1995)

A. MILITARY SERVICE

1. ENLISTMENT.—Sections 3253 and 8253 of title 10, United States Code, prohibit original peacetime enlistment in the Army or the Air Force, respectively, of anyone who is not a citizen or lawful permanent resident alien.

2. MILITARY SELECTIVE SERVICE ACT.-Section 3 of the Act (50 U.S.C. App. 453(a)) requires all male residents to register other than lawfully admitted nonimmigrant aliens. Under the final proviso of section 5(a)(1) (50 U.S.C. App. 455(a)(1)), a local board may not order the induction of an alien who has not resided in the United States at least one year. Section 6(a)(1) (50 U.S.C. App. 456(a)(1)), in the proviso to the first sentence, defers the induction of a permanent resident alien who qualifies for but who has waived nonimmigrant status as a diplomat or treaty alien (viz., subparagraph (A), (E), or (G) of section 101(a)(15) of the INA) for as long as the alien holds the diplomatic or treaty status job.

3. OTHER SERVICE.-There are numerous other restrictions on service by aliens in the Armed Forces and related agencies. For example, citizenship is a requirement for original appointment as a commissioned officer (10 U.S.C. 532(a)), appointment to the Naval Academy (10 U.S.C. 6958(c)), appointment as an aviation cadet (10 U.S.C. 8257(b)), appointment as an officer in the National Guard (32_U.S.C. 313(b)(1)), and appointment in the Commissioned Corps of the Public Health Service. Service in the Coast Guard Reserve is restricted to citizens of the United States or its territories or possessions (14 U.S.C. 706). Similarly, only citizens and nationals are eligible for appointment to the Merchant Marine Academy (46 U.S.C. App 1295b(b)). Service in the reserves is restricted to citizens and permanent resident aliens (10 U.S.C. 510(b), 591(b)(1)).

B. SOCIAL SECURITY ACT PROVISIONS

1. OASDI

OLD AGE, SURVIVORS, AND DISABILITY INSURANCE (OASDI).—Even though OASDI extends to all individuals who engaged in covered employment, the ability of certain aliens to receive benefits is limited. Unless the alien subsequently has been admitted as a permanent resident, an alien who has been deported for reasons other than violation of nonimmigrant status or alien smuggling is ineligible for benefits nor is a lump sum benefit payable on the alien's death (42 U.S.C. 402(n)). Payments to an otherwise eligible alien who has been outside the United States for longer than 6 months may be terminated unless the alien qualifies under an exception to the nonpayment rule (42 U.S.C. 402(t)). Additionally, nonresident dependents and survivors cannot receive benefits for more than 6 months unless the relationship upon which the claim is based existed for at least 5 years during which time the dependent or survivor lived in the U.S. (42 U.S.C. 402(t)(11)).

2. SOCIAL SECURITY ACCOUNT NUMBER

SOCIAL SECURITY ACCOUNT NUMBERS.-Section 205(c)(2)(B) of the Act (42 U.S.C. 405(c)(2)(B)) limits the issuance of social security account numbers to citizens and those aliens whose status does not prohibit them from engaging in employment. By regulation (20 C.F.R. 422.104), social security numbers may be assigned for nonwork purposes to certain resident and nonresident aliens who are not authorized to work in the United States.