Recent USCIS Policy Change Restricts Certain Financial Professionals From Using the Economist TN Category
Effective immediately, certain Financial Analysts, Market Research Analysts, and Marketing Specialists will no longer qualify for the TN Economist classification.
The definition of an Economist has been limited to persons specializing in microeconomics or macroeconomics who apply economic analysis to fields such as labor, international trade, development, econometrics, education, health, and industrial organizations (i.e. Economic Analysts). USCIS also specified that Market Research Analysts and Marketing Specialists do not qualify under the TN Economist category.
This change will impact Financial Analysts who “primarily conduct quantitative analysis of information affecting investment programs of public or private institutions” (i.e. Investment Banking Associates). It is currently not clear if and how this will impact individuals currently holding TN Economist classifications.
Actions to take
Employers should consider the following action items: •Identify all TN employees granted TN status in the Economist category to determine if the employees’ job duties can continue to be classified as an Economist now and at time of renewal.
- Advise your employees who hold Economist TNs to exercise caution when traveling over the holidays. Certain ports of entry, especially those located at airports within Canada, may question Economist TN holders about the nature of their job duties. Please reach out to counsel to evaluate the impact of travel for these individuals.
- Financial professionals holding Economist TNs should consider limiting nonessential travel until more information is available concerning implementation of this USCIS guidance at ports of entry and the US Consulates in Mexico.
- New TN Economist applications should not be made at a USCBP port of entry or through a USCIS service center filing until counsel can evaluate whether the applicant's job duties remain eligible within the new definition.
- Evaluate other nonimmigrant visa options for Financial Analysts, Market Research Analysts, and Marketing Specialists professionals holding TN status as Economists.
To learn more about how this announcement will impact your business, please contact your Baker McKenzie attorney.