Weather, shutdown blamed for immigration courts backlog

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U.S. immigration officials blame the government shutdown and the extreme winter weather for confusion about immigration court hearings.

In an emailed statement, the part of the Justice Department overseeing immigration courts said some immigrants with notices to appear Thursday wouldn't be able to proceed with those hearings.

The Executive Office for Immigration Review said the shutdown prevented immigration courts from issuing new hearing notices. Weather-related closures this week also slowed the agency's processing of cases.

The agency also said in some cases, courts didn't receive the required paperwork.

Separately, Immigration and Customs Enforcement said the overflow of hearings scheduled Thursday had been expected due to the shutdown.

Similar backlogs have occurred nationwide since a recent U.S. Supreme Court ruling addressed how to provide notices to immigrants to appear in court.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.