9. The United States of America shall not require, as a condition for temporary entry under paragraph 8, labour certification tests or other procedures of similar effect.

Schedule 1

to

Annex 1502.1

Research and Design

technical, scientific, and statistical researchers conducting independent research, or research for an enterprise located in Canada/the United States. Growth, Manufacture, and Production

• harvester owner supervising a harvesting crew admitted under applicable law. purchasing and production management personnel conducting commercial transactions for an enterprise located in Canada/the United States.

Marketing

• market researchers and analysts conducting independent research or analysis, or research or analysis for an enterprise located in Canada/the United States.

• trade fair and promotional personnel attending a trade convention.

Sales

• sales representatives and agents taking orders or negotiating contracts for goods or services but not delivering goods or providing services.

buyers purchasing for an enterprise located in Canada/the United States. Distribution

transportation operators delivering to the United States/Canada or loading and transporting back to Canada/the United States, with no intermediate loading or delivery within the United States/Canada.

• customs brokers performing brokerage duties associated with the export of goods from the United States/Canada to or through Canada/the United States. After-Sales Service

installers, repair and maintenance personnel, and supervisors, possessing specialized knowledge essential to the seller's contractual obligation, performing services or training workers to perform such services, pursuant to a warranty or other service contract incidental to the sale of commercial or industrial equipment or machinery, including computer software, purchased from an enterprise located outside the United States/Canada, during the life of the warranty or service agreement.

General Service

professionals: with respect to entry into the United States of America, otherwise classifiable under section 101(a)(15)(H)(i) of the Immigration and Nationality Act, but receiving no salary or other remuneration from a United States source; and, with respect to entry into Canada, exempt from the requirement to obtain an employment authorization pursuant to subsection 19(1) of the Immigration Regulations, 1978, but receiving no salary or other remuneration from a Canadian source.

management and supervisory personnel engaging in commercial transactions for an enterprise located in Canada/the United States.

computer specialists: with respect to entry into the United States of America, otherwise classifiable under section 101(a)(15)(H)(i) of the Immigration and nationality Act, but receiving no salary or other remuneration from a United States source; and, with respect to entry into Canada, exempt from the requirement to obtain an employment authorization pursuant to subsection 19(1) of the Immigration Regulations, 1978, but receiving no salary or other remuneration from a Canadian source.

• financial services personnel (insurers, bankers, or investment brokers) engaging in commercial transactions for an enterprise located in Canada/the United States. public relations and advertising personnel consulting with business associates, or attending or participating in conventions.

⚫ tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in conventions or conducting a tour that has begun in Canada/the United States.

• translators or interpreters performing services as employees of an enterprise located in Canada/the United States.

1 Standards for equivalence to be developed prior to entry into force of this Agreement. 2 Must

a) work in direct support of professionals in the following disciplines: chemistry, geology, geophysics, meteorology, physics, astronomy, agricultural sciences, biology, or forestry; b) possess theoretical knowledge of the discipline;

c) solve practical problems in the discipline; and

d) apply principles of the discipline to basic or applied research.

3 Standards for qualification to be developed prior to entry into force of this Agreement.

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

A. MILITARY SERVICE

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.

MILITARY SELECTIVE SERVICE ACT.-Section 3 of the Act (50 U.S.C. App. 453(a)) exempts nonimmigrants under section 101(a)(15) of the INA from registration. Section 5(a)(13) [sic] (50 U.S.C. App. 455(a)(1)(3)) prohibits ordering induction of an alien who has not resided in the United States for one year. Section 6(a)(1) (50 U.S.C. App. 456(a)(1)), in the proviso to the first sentence, provides that a permanent resident alien who qualifies for nonimmigrant status because of diplomatic or treaty status (viz., subparagraph (A), (E), or (G) of section 101(a)(15) of the INA) who executes a waiver under section 247(b) of the INA is subject to registration, but any induction is deferred as long as occupation status continues.

OTHER SERVICE.-There are numerous restrictions on service by aliens (other than permanent residents) in the Armed Forces and related agencies including service in the reserves (10 U.S.C. 510(b), 591(b)(1)), 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)), service in the Coast Guard Reserve (14 U.S.C. 706), appointment as an officer in the National Guard (32 U.S.C. 313(b)(1)), appointment in the Commissioned Corps of the Public Health Service (42 U.S.C. 204), and appointment to the Merchant Marine Academy (46 U.S.C. App. 1295b(b)).

B. SOCIAL SECURITY ACT PROVISIONS

1. OLD AGE, SURVIVORS, and Disability INSURANCE (OASDI).-Section 202(n) of the Act (42 U.S.C. 402(n)) provides for termination of monthly benefits under title II of the Act for individuals who have been deported under paragraph (1), (2), (4)–(7), (10)(12), or (14)-(19) of section 241(a). Section 202(t) of the Act (42 U.S.C. 402(t)), with exceptions, provides for suspension of monthly social security payments for aliens while they are outside of the United States. Section 228(a) of the Act (42 U.S.C. 428(a)) limits eligibility for a program of special social security monthly benefits for uninsured individuals over the age of 72 to citizens and to permanent resident aliens who have resided in the United States for at least 5 years.

2. SOCIAL SECURITY ACCOUNT NUMBERS.-Section 205(c)(2)(B)(i) of the Act (42 U.S.C. 405(c)(2)(B)(i)) directs that, in the issuance of social security account numbers, such numbers not be issued to aliens whose status prohibits them from engaging in employment.

3. AFDC (AID TO FAMILIES WITH DEPENDENT CHILDREN).-Section 402(a)(33) of the Act (42 U.S.C. 602(a)(33)) requires that under a State AFDC plan, in order for an individual to be a dependent child or for his or her needs to be taken into account, the individual must be a citizen, an alien lawfully admitted for permanent residence, or otherwise permanently residing in the United States under color of law (including refugees and parolees). Section 415 of the Act (42 U.S.C. 615) provides generally, for purposes of determining eligibility for and the amount of benefits under the AFDC program, that a sponsor's income and resources are attributed to an alien. AFDC eligibility is subject, as of October 1, 1988, to verification of immigration status under the "SAVE" program (see § 1137(d) of the Social Security Act, shown below); funding for 100 percent of the costs of implementing and operating the SAVE program under AFDC is contained, effective October 1, 1987, in section 403(a)(3)(A) of the Social Security Act (42 U.S.C. 603(a)(3)(A)). For restrictions on certain legalized aliens and special agricultural workers receiving AFDC benefits, see

§ 402(f) of the Social Security Act (42 U.S.C. 602(f)) and §§ 210(f), 210A(d)(6), and 245A(h)(1)(A)(i) of the INA.

4. SAVE (SYSTEM FOR ALIEN VERIFICATION OF ELIGIBILITY).-Section 121(a) of the Immigration Reform and Control Act of 1986 (Pub. L. 99-603) added a requirement (effective October 1, 1988, unless otherwise waived) of various Federal and State assistance programs, including AFDC, medicaid, food stamps, unemployment compensation, educational assistance, and housing assistance, that a verification be made of immigration status as a condition of eligibility. These requirements are contained in § 1137(d) & (e) of the Social Security Act (42 U.S.C. 1320b-7) (for AFDC, medicaid, unemployment compensation, and food stamps); § 214(d), (e), & (f) of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a) (for housing assistance programs); and § 484(h), (i), & (j) of the Higher Education Act of 1965 (20 U.S.C. 1091) (for title IV educational assistance). For text, see pp. 276-277. Subsection (b) of section 121 of Pub. L. 99–603 amended a variety of laws to provide, effective October 1, 1987, 100 percent reimbursement for costs of implementation and operation of the immigration status verification system. For text of subsections (c) and (d) of that section, regarding effective dates and GAO reports, see pp. 256–257.

5. SSI (SUPPLEMENTAL SECURITY INCOME PROGRAM).-Section 1614(a)(1)(B) of the Act (42 U.S.C. 1382c(a)(1)(B)) limits eligibility under the Supplemental Security Income program to citizens, lawful permanent resident aliens, and aliens permanently residing in the United States under color of law (including refugees and parolees). Sections 1614(f) and 1621 of the Act (42 U.S.C. 1382c(f), 1382j) provide severally for purposes of determining eligibility for and the amount of benefits under the SSİ program, that a sponsor's income and resources are attributed to an alien.

6. MEDICARE.-An individual who is over 65 years of age and who is otherwise not entitled to receive medicare benefits is eligible to enroll in the medicare program under sections 1818(a) and 1835 of the Act (42 U.S.C. 1395i-2(a), 13950) if the individual is a resident of the United States and either is a citizen or is an alien "lawfully admitted for permanent residence who has resided in the United States continuously during the 5 years immediately preceding the month in which he applies for enrollment".

7. MEDICAID (TITLE XIX).-Section 1903(v) of the Act (42 U.S.C. 1396b(v)), effective January 1, 1987 (under § 9406 of Pub. L. 99-509) prohibits payments under medicaid for aliens who are not lawfully admitted for permanent residence of otherwise permanently residing in the United States under color of law, except for emergency medical treatment in the case of aliens who otherwise meet the eligibility require ments of the medicaid plan. For special eligibility provisions relating to legalized aliens and certain special replenishment agricultural workers, see §§ 210A(d)(6) and 245A(h)(3) of the INA. Medicaid eligibility is subject, as of October 1, 1988, to verification of immigration status under the "SAVE" program (see § 1137(d) of the Social Security Act, shown on pp. 271-272); funding for 100 percent of the costs of implementing and operating the SAVE program under medicaid is contained, effective October 1, 1987, in section 1903(a)(4) of the Social Security Act (42 U.S.C. 1396b(a)(4)).

C. MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

Аст

(Public Law 97-470, as amended by § 101(b) of Pub. L. 99-603; 29 U.S.C. 1801 et seq.)

[BACKGROUND NOTE.-The Act regulates the employment of migrant and seasonal agricultural workers. However, these workers do not include "any temporary nonimmigrant alien who is authorized to work in agricultural employment in the United States under sections 101(a)(15)(H)(ii)(a) and 214(c) of the Immigration and Nationality Act" (§§ 3(8)(B)(ii), 3(10)(B)(iii) of MASAWPA). Effective June 1, 1987, section 103(a)(6) authorizes the Secretary of Labor to refuse to issue or renew, or to suspend or revoke, a certificate of registration under the Act if the applicant or holder has been found to have violated paragraph (1) or (2) of section 274A(a) of the Immigration and Nationality Act. Effective for employment, re

cruitment, referral and utilization of services before June 1, 1987, section 106 provides as follows:]

PROHIBITION AGAINST EMPLOYING ILLEGAL ALIENS

SEC. 106. (a) No farm labor contractor shall recruit, hire, employ, or use, with knowledge, the services of any individual who is an alien not lawfully admitted for permanent residence or who has not been authorized by the Attorney General to accept employment.

(b) A farm labor contractor shall be considered to have complied with subsection (a) if the farm labor contractor demonstrates that the farm labor contractor relies in good faith on documentation prescribed by the Secretary, and the farm labor contractor had no reason to believe the individual was an alien referred to in subsection (a).

[NOTE. In addition, effective June 1, 1987, section 501(b) provides for imprisonment for 3 years, a criminal fine of $10,000, or both, in the case of a farm labor contractor who violates paragraph (1) or (2) of section 274A(a) of the Immigration and Nationality Act and who has been refused issuance or renewal of, or has failed to obtain, a certificate of registration or whose certificate has been suspended or revoked.]

[Section 210A(f) of the Immigration and Nationality Act refers to the following provisions of MASAWPA:]

APPLICABILITY OF ACT

SEC. 4. (a) The following persons are not subject to this Act:

(1) FAMILY BUSINESS EXEMPTION.-Any individual who engages in a farm labor contracting activity on behalf of a farm, processing establishment, seed conditioning establishment, cannery, gin, packing shed, or nursery, which is owned or operated exclusively by such individual or an immediate family member of such individual, if such activities are performed only for such operation and exclusively by such individual or an immediate family member, but without regard to whether such individual has incorporated or otherwise organized for business purposes.

(2) SMALL BUSINESS EXEMPTION.-Any person, other than a farm labor contractor, for whom the man-days exemption for agricultural labor provided under section 13(a)(6)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(6)(A)) is applicable.

INFORMATION AND RECORDKEEPING REQUIREMENTS

SEC. 301. (a)(1) Each farm labor contractor, agricultural employer, and agricultural association which recruits any seasonal agricultural worker (other than day-haul workers described in section 3(10)(A)(ii) shall ascertain and, upon request, disclose in writing the following information when an offer of employment is made to such worker:

(A) the place of employment;

(B) the wage rates to be paid;

(C) the crops and kinds of activities on which the worker may be employed; (D) the period of employment;

(E) the transportation and any other employee benefit to be provided, if any, and any costs to be charged for each of them;

(F) the existence of any strike or other concerted work stoppage, slowdown, or interruption of operations by employees at the place of employment; and

(G) the existence of any arrangements with any owner or agent of any establishment in the area of employment under which the farm labor contractor, the agricultural employer, or the agricultural association is to receive a commission or any other benefit resulting from any sales by such establishment to the workers;