On November 20, 2017, the United States Citizenship and Immigration Services (“USCIS”) issued a policy memorandum restricting TN nonimmigrant classification under the profession of Economist, to those who will primarily engage in activities consistent with the profession of Economist and specifically excluding those employed as Financial Analysts, Market Research Analysts, and Marketing Specialists. USCIS explains that the policy memorandum was necessary, because the lack of an in-depth description of the Economist profession in the North American Free Trade Agreement, which created the TN nonimmigrant classification, has led to inconsistent adjudications regarding which positions are encompassed under the Economist profession.

In its memorandum, USCIS explains that Economists generally specialize in either the analysis of individuals or firms to better understand the relationship between supply and demand or in the analysis of aggregated indicators to determine how different sectors of the economy are related to each other.  USCIS adds that Economists may apply economic analysis to issues in a variety of fields including labor, international trade, development, econometrics, education, health, and industrial organization.


Continue Reading USCIS Issues New Guidance Restricting who Qualifies as a TN Economist

On March 20, 2015, the U.S. Department of Labor issued new FAQs providing more details on the latest developments in the ongoing federal court case challenging DOL’s authority to issue and implement regulations for the H-2B temporary worker program.
Continue Reading DOL Issues FAQs On H-2B Processing After Pérez v. Pérez

In recent months there have been multiple reports that some H-1B workers arriving at Newark Liberty International Airport in New Jersey have been questioned extensively by U.S. Customs and Border Protection (CBP) officers about their employment in the United States.  In some cases H-1B workers have been refused entry and/or had their visas cancelled.  CBP headquarters has since confirmed that most of these incidents occurred as part of an enforcement action involving companies that are under investigation for immigration violations, presumably involving fraudulent H-1B petitions or inadequate documentation.  Based on the types of questions being asked by CBP, there are also indications of increased scrutiny of H-1B workers who are employed by consulting firms, based on the January 2010 Neufeld memo discussed in our previous blog entry Indian nationals who are employed by consulting firms appear to be the primary targets of these enforcement efforts.
Continue Reading Some H-1B Visa Holders Face Additional Scrutiny Arriving at Newark International Airport