Applicant seeking admission as a NAFTA professional

Isn't it true that, in determining whether the offered job comes within a NAFTA covered occupation, CBP Officers must evaluate the job duties as described in the employer’s statement supporting the application for admission and that the job title alone does control the determination?

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U.S. Customs and Border Patrol (CBP) indicates that, as per section 8 CFR 214.6, an applicant seeking admission as a NAFTA professional shall demonstrate business activity at a professional level in one of the professions set forth in Appendix 1603.D.1 to Annex 1603.Therefore, the profession, or job title, of the applicant that is stated on the employment letter must be one of the professions listed in Appendix 1603.D.1, regardless of the duties described in the employer’s statement.

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