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Williams Five Principals Memo for Scientific Technicians_2002

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Williams Five Principals Memo for Scientific Technicians_2002 Powered By Docstoc
					                                                       U.S. Dellartment of.Justice
                                                      [mmigration and Naturalization ServIce


                                                      HQrNS 70/6.2.2

Office orthc Executive Aasocialc Conmlission~~ 	       425 J Slrtff" Nfl'
                                                       Washing/(m. DC 20.536



                                                          NOV         ') 2002



    tv1EMOR.ANDUM FOR REGIONAL DIRECTORS
                      EXECUnVE ASSOCIATE COMMISSIONER
                      IMMIGRATION SERVICES DIV1S10~
                      ACTING DIRECTOR, lNTERNATIONAL AFFAIRS
                      OFF1CER DEVELOPMENT TRAINJNG FACiliTY, OLYNeO
                      OFFICER DEVELOPMENT TRAINTNG f ACILJTY. ARTESIA

    FROM:




    SUBJECT: 	          Field GlIidance on the Admission of Scientific Tecbniciansrrechno\ogists under
                        lhc North American Free Trade Agreement ON .03-0 J)

            This memorandum is being issued as a revision of Chapter 15 ~5 oflhe Inspector'srield
    Manual (lFM) to provide additional guidance to immigrati()noffic,crs who ~reevallla1ing the
    qualifications of applicants for admission as TN Scieritific Techniciansffec1molQgists under the
    provisions onhe Norlh American Free Trade Agreement (NAFTA).

            PW-Sllant to regulation at 8 CFR 214.6 (c)(2). the applicant must present documentation
    sufficient to satisfy the immigralion officer at the time ofappiication for admission that the
    applicant is seeking entry to engage in business activities at a professiol1ullevelaud that the
    applicant meets the criteria to perfonn at such a prQfessi.onalleveJ. '[11e Scientific
    Technician/Technologist category hM been problematic for all of the parties to NAFTA. At the
    NAFTA Temporary Entry Working Group annual meeting. the Unit~d Strues delegation
    proposed clarification of admission standards for Scientific Teci1nicianJTechnologists. In
    December 2001 , the parties drafted and subsequently agreed to guidelines for evaluating
    applicants for Scientific Technician/Technologist positions.

             These revisions to the lFM will be incorporated intQ future releases of (he 1mmi!:,'filtion
     and . aturalization Service Easy Research and Transmittal System (INSERT~). Should you have
     any questions regarding this memorandum, please ,:ontact " ,       "
                  Memorandum for Regional Directors, et at                                                                 Page 2
                  Subject: Field Guidance on the Admission ofScientiiic TechnicianslTechnologists
                           Under the North American Free Trade Agreement (IN 03-01)



                  Accordingly Chapter 15.5 section       ef) (2) (A) of the IFM is revised to read as follows :
                  (A) A business person in the cate- ory of~Scientjfic Technl.clanITechnoJogist" must possess:
                                                       g
                      (a) theoretical knowledge of any of the following disdplines: agrlcullurafsciences. astronomy, biology.
                      chemistry. engineering . forestry, geology, geophysics, meteorology:or physi. s: and {b) the ability to
                                                                                                      c
                      solve practical problems In any of those.disciplines, or the ability to apply prineiples of any of those
                      disciplines to basic or a,w>lied research. A scientific technician/technologIst does not gene~lly have a
                      baccalaureate deg.ree.(fhe following prlncipres will be used to evaluate the admissibility of SCientific
                      technician/technologist applicants)

                      (1) Individuals for whom scientific technicians! technotoglsts wish to provide direct support must
                          qualify as a professional in their own right in one of the 'following fields: agricultural sciences,
                          astronomy, biology, chemistry. englneering, forestry, geology, geophysics, meteorology. or
                          physics .

                      (2) A general offer of employment bysuch a professional Is nOisuffictent, by itself, to qualify for
                                                              a
                          admission as a Scientific Tecnnlet, n or Technologist (STIT). The: offer must demonstrate that
                          the work of the STlT will be inter-reiated wi!!} that ·of the supervisory professional. That IS, the
                          work of the STrr must be managed, coordinated and reviewed by the professional supervisor,
                          and must also provide input to the supervisory professional's own work .

                      (3) 	 The STlT's tneoreUcaJ kn~wledge/ihould havi/b e. e~ acquired throl!9h the s~~cessful completion
                                                                              .
          ~                 of at feast two years of traming in a relevant educational program . LSuch training may be
                          documented by presentation of a diploma, a certlflcale. or a tr~nscript accompanied by evidence
J.!e'f P f OvisiO/\       of relevant work experience]

fI~ rtOJe             (4) U.S. authorities will rely on the Department of Labor's Occup@ona/Outlook Handbook to
                          establish whether proposed job functions are oonsistf;lnt';"'lth ·hose,of a Scientific-or engineering
                                                                                           l
t-itld.   j»              technician Of technologist. STlTs should not be admitted to perform job functions that are
                          primarlly associated with other job IitJes_ 	                    .
erivt.~.r/~/\.        (5) Not admissible as STrrsar~ persons in lending tpd() work, thetis normally done by the

jJ~Sf H~
                          construction trades (welders, boiler makers, carpenters, electriCians, elc.), even where these
                          trades are specialized to a particular industry (e .g., aircraft, pow:erdlstrlbuHon, etc:)

				
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