China to frame its first immigration law to attract foreigners

Headline Legal News

China has kick-started a key process to frame its first immigration law to better manage immigrants as the world's fastest economy seeks to attract more foreigners to boost its development.

Experts on migration have advised the government to learn from other countries in regulating immigration, said Zhang Jijiao, researcher with the Institute of Ethnology and Anthropology under the China Academy of Social Sciences (CASS).

Zhang said in the era of globalisation, China needed to attract a variety of talents, investors, skilled workers, and in particular "seagulls" -- a Chinese term for foreign merchants who work with multinationals and must travel across the world -- to contribute to its development.

A sounder migration policy would definitely enhance China's appeal, Zhang said.

The Ministry of Public Security, the Beijing Law Society, the Chinese People's Public Security University and the CASS held a liaison meeting last year. But the discussions had yet to result in any concrete preparations, Zhang told state-run Xinhua news agency at a global forum on migration.

Unlike Western countries, which have special laws to regulate the management of transnational migrants, there were few Chinese legal instruments to regulate immigration and foreign investment.

"This reflects how China's transnational migration management has long been focused on the legitimacy of entry and exit out of economic considerations," said Zhang.

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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.

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