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ARTICLE · 27 DECEMBER 2017

USCIS Restricts Eligibility For TN Economist Category

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

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The new policy restrictions could also affect the ability of previously approved TN Economists to re-enter the U.S. after international travel.

United StatesImmigration

United States Citizenship and Immigration Services (USCIS) has issued a policy memorandum restricting Trade NAFTA (TN) nonimmigrant classification under the profession of Economist. USCIS advises that the TN Economist category will no longer be available to foreign nationals working in financial analyst, market research analyst or marketing specialist positions. It will also not be permitted for other positions that are related to economics but "primarily include the activity of other occupations." 

Although the TN Economist category is not defined in U.S. immigration regulations, it historically had been interpreted to include all occupations involving economic analysis (including the now-excluded positions). Moving forward, only positions whose job duties primarily involve "traditional" economist duties — such as processing and collecting economic and statistical data or analyzing the behavior of individuals and firms to understand the relationships between supply

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