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.

The Trump Administration’s April Executive Order, “Buy American, Hire American,” puts the H-1B visa program under increased scrutiny, but is not likely to have significant, if any, impact on the program for the foreseeable future.