Inspector's Field Manual - Gani

Inspector's Field Manual
ppendix 3-9 Sample Position Description: Free Trade Examiner
I. Introduction: This position is located at ports-of-entry. Under the supervision of a supervisory immigration
inspector or higher graded officer, the incumbent is primarily responsible for the examination of North
American Free Trade Agreement applications for benefits and privileges. The incumbent also serves as an
examiner for the port, handling a broad range of applications for immigration benefits, assigned and remoted
from the district office or a service center. In addition, as time permits, the incumbent performs primary and
secondary inspection of persons applying for admission into the United States and determines their
admissibility under the Immigration and Nationality Act and related statutes.
II. Major Duties and Responsibilities:
1. The incumbent examines applications and petitions for benefits under the provisions of the North American
Free Trade Agreement (NAFTA). Examination of these applications requires an excellent knowledge of the
United States immigration laws, regulations, and procedures. The examiner must use good judgment in
applying laws, regulations, and procedures to cases not covered by the guidelines. Frequently, the incumbent
must research administrative decisions to identify cases with similar circumstances. Because NAFTA contains
a special "professional" classification, unique to entries under the agreement, the incumbent will decide many
issues of first impression: i.e., where no precedents or case law exists. Examination involves review of
applications, supporting documents (birth certificates, marriage certificates, court papers, degrees, diplomas,
etc.), and official files. In-depth interviews and investigations are periodically required in order to verify
information presented by applicants. Frequently, applications involve sensitive situations which could affect the
relations between the United States and Canada or Mexico.
2. Trains all personnel under port-of-entry jurisdiction in the provisions of NAFTA as they relate to the
inspection of Canadian and Mexican business visitors and professionals.
3. As time permits, incumbent assists in coordinating adjudications activities at the port-of-entry. The
incumbent also examines applications for immigration privileges and benefits. Applications require intensive
inquiry into facts, laws, and precedents and use of seasoned judgment to resolve complex and sensitive issues.
Uses intensive knowledge of immigration laws and sound judgment in applying regulations and precedents to
areas not clearly covered or cases presenting conflicting principles. Conclusions and decisions frequently have
an important impact on the applicants involved. Decisions can often set precedents for immigration policy and
administration. Some of the kinds of applications which regularly involve this degree of knowledge and
judgment include:
- Visa petitions for professional or skilled workers to reside and work in the United States.
- Visa petitions to bring persons of distinguished merit and ability to the United States to work
temporarily (e.g. accomplished performers, artists, actors, musicians, etc.).
- Applications for permission to reapply for entry to the United States after deportation.
4. As time permits, the incumbent inspects all classes of applicants for admission to the United States. The
incumbent quickly determines whether applicants can be admitted without in-depth questioning based on brief
questioning and observation of the applicants. When a detailed examination is required, the incumbent refers
the subjects for secondary inspection. Incumbent also conducts secondary inspections of applicants on a periodic
basis; this usually involves intensive questioning of the applicants and careful study of citizenship, travel and
other documents. Incumbent conducts inspection at airports, seaports and land borders. Under authority of
responsible agencies, conducts inspection of arriving persons for the Department of Agriculture and Customs
Service; unusual cases are referred to the appropriate agency.
III. Supervision and Guidance Received:
The incumbent works under the general supervision of a supervisory immigration inspector or higher graded