Business Immigration Insights

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.

DHS announced that it is extending Temporary Protected Status (TPS) for nationals of Honduras who already hold TPS. TPS allows qualifying individuals to remain and work lawfully in the United States until conditions in their home countries improve.  The new extension allows qualifying individuals from Honduras to re-register for TPS by  February 3, 2018.  Employment authorization documents held by qualifying individuals who timely re-register are automatically extended through July 5, 2018 (the USCIS web page indicates July 4, but the Federal Register notices indicates July 5 ...

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.

Below is a summary of the January Visa Bulletin, including Final Action Dates and changes from the previous month:

• China: EB-1 remains current, EB-2 advances five weeks to August 8, 2013, and EB-3 advances six weeks to April 15, 2014
• India: EB-1 remains current, EB-2 moves ahead 3 weeks to November 22, 2008, and EB-3 finally moves– advancing two weeks to November 1, 2006

The Department of Homeland Security (DHS) announced that because the conditions in Nicaragua no longer support its designation for Temporary Protected Status (TPS), the designation set to expire on January 5, 2018, will now terminate on January 5, 2019.  TPS allows qualifying persons inside the United States to remain and work lawfully in the United States until conditions in their home countries improve following civil war, natural disaster or similar extraordinary situations.  The final year of designation gives those unable to acquire another legal status time to prepare to ...

On December 4, 2017, the U.S. Supreme Court issued two orders that allow the Presidential Proclamation of September 24, 2017, otherwise known as the “Travel Ban,” to go into effect while appeals continue in the lower courts.  The practical effect of SCOTUS’s actions is to reinstate this version of the Travel Ban fully.  See our earlier blog entry, New Presidential Proclamation Modifies Travel Ban; SCOTUS Reacts, for a full explanation of which countries are targeted in the revised Ban and which citizens of those countries are subject to U.S. travel restrictions under the Ban.