The application with all required documentation can be filed to the U.S. Customs and Border Protection (CBP) officer at the U.S. Port of Entry for the Canadian citizens since they are not required to obtain a visa first. It is also possible to apply at pre-flight clearance or an airport after arriving in the United States.
On the other hand, Mexican citizens should apply at the U.S. embassy or consulate in Mexico. After the TN visa is approved, they can seek admission at the U.S. Port of Entry.
Both Canadian and Mexican citizens can file an online I-129 petition with USCIS.
What are the possible issues?
Term economist is excluded from NAFTA, which can cause complications and inconsistency in the decision-making process of defining if some occupations fall under the economists TN status.
It used to be common to obtain TN status as economists based solely on the financial analyst role, which usually focuses on investment programs. Although it may seem similar, it is essential to mention that financial analysts, marketing analysts, and marketing specialists are not included under the economist category. This restriction was stated in the USCIS policy memorandum in 2017.
However, USCIS states in the memorandum that economists operate in two main areas:
- Microeconomics – analyzing “the behavior of individuals and firms to understand the relationships between supply and demand.”
- Macroeconomics – analyzing “aggregated indicators to determine how different sectors of the economy relate to each other”
This categorization opens a possibility for some financial analysts to qualify as an economist under NAFTA, as long as they run activities consistent with the economist profession. Job duties that they have to perform are related to researching, gathering, analyzing economic and statistical data, and reporting and designing solutions for financial issues.