§ 3401. Nonimmigrant traders and investors


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  • Upon a basis of reciprocity secured by the Agreement, an alien who is a citizen of Canada or Mexico, and the spouse and children of any such alien if accompanying or following to join such alien, may, if otherwise eligible for a visa and if otherwise admissible into the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), be considered to be classifiable as a nonimmigrant under section 101(a)(15)(E) of such Act (8 U.S.C. 1101(a)(15)(E)) if entering solely for a purpose specified in Section B of Annex 1603 of the Agreement, but only if any such purpose shall have been specified in such Annex on the date of entry into force of the Agreement. For purposes of this section, the term “citizen of Mexico” means “citizen” as defined in Annex 1608 of the Agreement.

(Pub. L. 103–182, title III, § 341(a), Dec. 8, 1993, 107 Stat. 2116.)

References In Text

References in Text

The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.

Effective Date

Effective Date

Pub. L. 103–182, title III, § 342, Dec. 8, 1993, 107 Stat. 2118, provided that: “The provisions of this subtitle [subtitle D (§§ 341, 342) of title III of Pub. L. 103–182, enacting this section and amending section 1184 of Title 8, Aliens and Nationality] take effect on the date the Agreement enters into force with respect to the United States [Jan. 1, 1994].”

Miscellaneous

North American Free Trade Agreement: Entry Into Force

The North American Free Trade Agreement entered into force on Jan. 1, 1994, see note set out under section 3311 of this title.