When seeking to change jobs, applicants must understand how the United States Citizenship and Immigration Services (USCIS) determines if two positions are in similar occupational classifications. This is particularly important for job porting purposes. USCIS officers evaluate various factors to make this determination. In this blog, we explain these important factors.
Key Factors Considered by USCIS
1. DOL’s SOC System
The Department of Labor’s Standard Occupational Classification (SOC) system is a critical reference point. This system categorizes occupations based on job duties and the nature of the work performed.
2. Job Duties
The specific responsibilities and tasks associated with each job are compared. Similar job duties indicate that the occupations are likely in the same classification.
3. Skills, Experience, Education, Training, Licenses, or Certifications
USCIS assesses the qualifications required for each position. Jobs requiring similar skills, experience levels, educational backgrounds, training, licenses, or certifications are similar.
4. SOC Codes on Immigration Forms
USCIS examines the SOC codes listed on key forms:
- Form I-140, Immigrant Petition for Alien Worker
- ETA Form 9089, Application for Permanent Employment Certification
- I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability under INA Section 204(j)
5. Wages Associated with Each Position
The wages offered for each job are reviewed. Comparable wages suggest that the positions may fall within the same occupational classification.
6. Other Relevant Evidence
Applicants can submit any additional credible evidence that supports the similarity between the two jobs. This could include industry reports, expert opinions, or other documentation.
Totality of the Circumstances
USCIS officers consider the totality of the circumstances to determine if two jobs are the same or similar. They decide based on a preponderance of the evidence, meaning that the evidence must show it is more likely than not that the jobs are similar.
Conclusion
Understanding how USCIS determines if two jobs are in the same or similar occupational classification can help applicants navigate the job porting process more effectively. By considering the above factors, applicants can better prepare their documentation and support their case for job portability. Consider consulting with an immigration attorney for assistance with porting to a new employer.
Schedule a Consultation with an Immigration Lawyer
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We Can Help!
If you have questions regarding job porting for immigration, We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
