USCIS Defines TN Status Professional Economists

Last month, USCIS released a policy memorandum that clarified standards for TN status based on professional employment in the field of economics. The TN nonimmigrant status, created by the North American Free Trade Agreement (NAFTA), provides Canadian and Mexican nationals the opportunity to temporarily enter the US for professional matters. Therefore, if Canadian and Mexican natives satisfy the newly defined attributes of an eligible economist, they may qualify for TN status.

NAFTA

The North American Free Trade Agreement (NAFTA) is an agreement between the United States, Canada, and Mexico that serves to promote economic development between the countries. Although the longevity of the agreement is uncertain, the agreement serves to reduce tariffs on trade between the countries and promotes certain economic development relationships, like US TN nonimmigrant status program. TN status allows citizens from Canada and Mexico the opportunity to work as a professionals in the US for up to three years with the potential for an extended period of stay. Natives of Canada are not required to obtain a TN visa at a US consulate to enter the US, and may establish eligibility for TN status with a CBP officer at the time of admission. However, Mexican professionals must obtain a TN visa at a US embassy or consulate prior to admission into the US. Although there is much debate on benefits of NAFTA, the agreement allows Canadian and Mexican professionals the opportunity to work in the US.

Professional “Economist” Requirements

According to the memorandum released in November, a Canadian or Mexican professional is categorically an economist if the individual engages in “activities consistent with the profession of economist.” The memo instructs USCIS officers not to adjudicate cases involving professionals in the field of financial analytics, market research analytics, and marketing specialization (although related to the field of economics) as TN status qualifying economists. The memo therefore instructs USCIS officers to rely on the Department of Labor’s Standard Occupational Classification definition of ‘economist’ which is a professional “conducting research, preparing reports, or formulating plans to address economic problems related to the production and distribution of goods and services or monetary and fiscal policy.” Although financial analysts are deeply connected to economists, USCIS excludes financial analysts as a TN status qualified applicant due to the interest of the NAFTA agreement.

The TN program offers a limited number of visas; however, the stricter definition is one provision, among several stricter regulatory means, that enforces the executive order “Buy American, Hire American.” We are closely monitoring changes to USCIS policy under the current presidential administration.