Pub. L. 101-649, tit. II, subtit. A, sec. 204
TREATY TRADERS (E NONIMMIGRANTS).
SEC. 204. TREATY TRADERS (E NONIMMIGRANTS). (a) Including Trade in Services and Technology.— Section 101(a)(15)(E)(i) (8 U.S.C. 1101(a)(15)(E)(i)) is amended by inserting “, including trade in services or trade in technology” after “substantial trade”. (b) Application of Treaty Trader for Certain Foreign States.— Each of the following foreign states shall be considered, for purposes of section 101(a)(15)(E) of the Immigration and Nationality Act, to be a foreign state described in such section if the foreign state extends reciprocal nonimmigrant treatment to nationals of the United States: (1) The largest foreign state in each region (as defined in section 203(c)(1) of the Immigration and Nationality Act) which (A) has 1 or more dependent areas (as determined for purposes of section 202 of such Act) and (B) does not have a treaty of commerce and navigation with the United States. (2) The foreign state which (A) was identified as an adversely affected foreign state for purposes of section 314 of the Immigration Reform and Control Act of 1986 and (B) does not have a treaty of commerce and navigation with the United States, but (C) had such a treaty with the United States before 1925. (c) Substantial Defined.— Section 101(a), as amended by section 123 of this Act, is further amended by adding at the end the following new paragraph: “(45) The term ‘substantial’ means, for purposes of paragraph (15)(E) with reference to trade or capital, such an amount of trade or capital as is established by the Secretary of State, after consultation with appropriate agencies of Government.”.