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ARTICLE · 27 DECEMBER 2017

USCIS Issues Guidance On TN Nonimmigrant Status For Economists

Ogletree, Deakins, Nash, Smoak & Stewart
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This lack of guidance has resulted in inconsistent adjudications.

United StatesImmigration

On November 20, 2017, United States Citizenship and Immigration Services (USCIS) issued a policy memorandum clarifying that the TN definition of "economists."

Background

On December 17, 1992, the presidents of the United States and Mexico, and the prime minister of Canada entered into the North American Free Trade Agreement (NAFTA). NAFTA created "special economic and trade relationships" between these countries. Under NAFTA, the TN nonimmigrant classification is available to Canadian and Mexican citizens to temporarily enter the United States to work in certain professional occupations. These professional occupations are laid out in NAFTA's Appendix 1603.D.1. to D.3, and the minimum requirements for TN nonimmigrant status are codified in Section 214.6 of Title 8 of the Code of Federal Regulations. Pursuant to Section 214.6, the beneficiary of TN nonimmigrant classification must not only demonstrate that (1) he or she is a citizen of Canada or Mexico, but must

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