However, if you consider the Visa holder as a resident, than the provisions of 11.6(a) or 11.6(b) would be appropriate where in either case, they would still be allowed to practice in the US.

11.7(b)(1)(D):
For aliens, provide proof that recognition is not inconsistent with the terms of their visa or entry into the United States;

In either case, the Canadian patent agent would be qualified to be registered under paragraph (c) once the alien ceases to reside in the US as 11.6(a)(2) and 11.6(b)(2) requires.

As for A, if the Canadian patent agent is a resident of the US and not a US Attorney, than we should use the provisions of 11.6(b).

11.6(b):
When appropriate, any alien who is not an attorney, who lawfully resides in the United States, and who fulfills the requirements of this part may be registered as a patent agent to practice before the Office, provided that such registration is not inconsistent with the terms upon which the alien was admitted to, and resides in, the United States, and further provided that the alien may remain registered only:
(1)
If the alien continues to lawfully reside in the United States and registration does not become inconsistent with the terms upon which the alien continues to lawfully reside in the United States or
(2)
If the alien ceases to reside in the United States, the alien is qualified to be registered under paragraph (c) of this section. See also § 11.9(b).

As for B, since the Canadian patent agent is living in the US with a Visa (Visa’s are granted to visitors to this country where residents are given green cards) the provisions of 11.6(c) apply.

None of Jim’s answers fulfill all of these requirements explicitly. FWIW, the following website talks about a similar provision in the Trademark code and agrees with what I have posted: http://www.zpatents.com/TMEP/tmep_602.htm

“Any foreigner not a resident of the United States who shall file proof to the satisfaction of the Director that he or she is registered and in good standing before the patent office of the country in which he or she resides and practices and who is possessed of the qualifications stated in § 10.7, may be registered as a patent agent to practice before the Office for the limited purpose of presenting and prosecuting patent applications of applicants located in such country”

My opinion is that the agent can practice in this country only if he holds “residency”… so A is the correct answer.

B – visa is not enough
C – is not a supporting fact for the USPTO to accept the power of attorney
D – showing of why is not required by MPEP
E – european registration is not required by MPEP

This is kinda vague question, but if you exclude all the wrong questions you get “A” as the most correct one…