Appeals court rules against imprisoned American
National News
A federal appeals court has ruled against a government subcontractor imprisoned in Cuba who is seeking to sue the U.S. government for the destruction of his business.
Alan Gross was detained in December 2009 while setting up Internet access as a subcontractor for the U.S. government's Agency for International Development. It was his fifth trip to Cuba to work with Jewish communities on building Internet access that bypassed local censorship.
Cuba considers USAID programs illegal attempts by the U.S. to undermine the Cuban government. Gross was tried and sentenced to 15 years in prison in Cuba, where he remains. Gross and his wife sued for negligence.
In a 3-0 decision Friday, the U.S. Court of Appeals for the District of Columbia Circuit said the U.S. government is immune from any claim arising in a foreign country. It affirmed a lower court judge's dismissal of the case.
The Grosses said the government is cloaking itself in immunity after sending Gross into a situation it knew would be dangerous.
Scott Gilbet, a lawyer representing the Grosses, said he will be seeking further review in the courts and that "we are very disappointed in the decision."
The $60 million lawsuit blames the U.S. government and the contractor Gross was working for, Maryland-based Development Alternatives Inc., for failing to appropriately prepare him for his work in Cuba. The Gross family settled for an undisclosed amount with Development Alternatives.
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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.