USCIS Policy Memo on TN for Economists Says Market Research Analysts, Marketing Specialists and Financial Analysts Do Not Qualify
January 4, 2018
In a recent policy memorandum, the USCIS announced applicants for TN work authorization under the North American Free Trade Agreement (NAFTA) Economist job category “must engage in activities consistent with the profession of economist. Activities that constitute a broad range of other professions related to economics, such as activity performed by financial analysts, market research analysts, and marketing specialists do not qualify for TN status.”
Job duties, and not job title, will be dispositive in the USCIS determinations.
This new policy will likely affect:
- New applications for TN status (at the border, Consulate, and at a USCIS service center)
- Applications for extension of TN status (at the border, Consulate, and at a USCIS service center)
- Returning TN Economist employees
TN Economist employees should be prepared to answer detailed questions relating to job duties. In order to qualify for the Economist category, job duties should closely align with the Bureau of Labor Statistics’ Occupational Outlook Handbook description as well as the Department of Labor’s Standard Occupation Classification (SOC) description for Economists.
Weaver Schlenger LLP notes that the U.S., Canada and Mexico are currently in ongoing negotiations relating to NAFTA, and future changes to the provisions relating to movement of professionals may occur.