Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j) Job Portability Purpose
This policy memorandum (PM) provides additional guidance to Immigration Services Officers (ISOs) for determining, with respect to the job portability provisions in section 204(j) of the Immigration and Nationality Act (INA), whether one job is in “the same or a similar occupational classification” as another job. Specifically, this memorandum instructs ISOs on how they may use the U.S. Department of Labor’s (DOL’s) Standard Occupational Classification (SOC) codes and other evidence to determine if a new job is in the same or a similar occupational classification as the original job offer in an Immigrant Petition for Alien Worker (Form I-140 petition) submitted to U.S. Citizenship and Immigration Services (USCIS). The purpose of this memorandum is to promote consistency and efficiency in section 204(j) portability adjudications in accordance with the policy objectives described herein. Such adjudications require individualized assessments that consider the totality of the circumstances and are based on a preponderance of the evidence presented.USCIS is issuing this memorandum for public review and feedback. Upon publication of thefinal memorandum, USCIS will update chapters 20.2 and 22.2 of the Adjudicator’s Field Manual
(AFM).
