Court: Construction can resume on small stretch of pipeline

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A federal appeals court on Sunday opened the door for construction to resume on a small stretch of the four-state Dakota Access pipeline while it considers an appeal by the Standing Rock Sioux Tribe.

The ruling removed a temporary injunction that halted work on the project.

The tribe had asked the U.S Court of Appeals for the District of Columbia Circuit to continue work stoppage on the pipeline within 20 miles of Lake Oahe in North Dakota. The court earlier ordered work to stop while it considered the motion.

In a statement, Standing Rock Sioux Tribe Chairman Dave Archambault II said that the tribe "is not backing down from this fight."

"We will not rest until our lands, people, waters and sacred places are permanently protected from this destructive pipeline," Archambault said.

Owned by Dallas-based Energy Transfer Partners, the $3.8 billion, 1,172-mile project would carry nearly a half-million barrels of crude oil daily from North Dakota's oil fields through South Dakota and Iowa to an existing pipeline in Patoka, Illinois, where shippers can access Midwest and Gulf Coast markets.

The company did not immediately return an email Sunday seeking comment on the court's decision.

The pipeline passes near Standing Rock Sioux reservation land that straddles the North Dakota-South Dakota border. The tribe's protest encampment near the confluence of the Missouri and Cannonball rivers has swelled to thousands at times as demonstrators from around the country joined their cause.

Tribal and state officials also are at odds over whether sacred sites were destroyed while digging the pipeline corridor. The state archaeologist has said an inspection found no sign that the area contained human remains or cultural artifacts.

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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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