Pennsylvania asks court to keep Amazon incentives a secret

Litigation Reports

Democratic Gov. Tom Wolf's administration went to court this week to block requests for records of financial incentives it offered Amazon to build its second headquarters in Pennsylvania.

An administration lawyer asked Commonwealth Court to reverse an Office of Open Records decision deeming the records to be public and ordering their release. The Morning Call of Allentown requested the records.

Philadelphia and Pittsburgh were among 20 finalists for a facility that the online retailer promises will bring 50,000 new jobs and construction spending topping $5 billion.

Rob Wonderling, president of the Chamber of Commerce for Greater Philadelphia, last year told The Philadelphia Inquirer that Pennsylvania planned to offer Amazon more than $1 billion in tax incentives if the online retailer built its second headquarters in the state.

City and state officials have otherwise refused to disclose details, and Pennsylvania state officials have long refused to disclose incentives offered to companies until there is a formal agreement.

Amazon's request for proposals before deciding the location of its second headquarters set off a competition among governments across the country, and many said they don't want their competitors to know what they're offering.

More than 15 states and cities, including Philadelphia, refused requests from The Associated Press to release the financial promises they made to try to lure Amazon.

A records request seeking Pittsburgh's bid was denied because the proposal is "exempt from public dissemination."

Amazon has said it will make its decision this year. Nearly a quarter of a million dollars was spent to create and promote Philadelphia's plan, including $160,000 by the quasi-public Philadelphia Industrial Development Corporation on a website and the written submission.

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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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