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Other Employment-Based Greencard/I-140 General Issues

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  3. How does the USCIS determine if one job is the “same or similar” in classification in order to switch positions during the I-140 process?

How does the USCIS determine if one job is the “same or similar” in classification in order to switch positions during the I-140 process?

Views: 1,966

Post by unknown 213 on 11 Mar 2014

How does the USCIS determine if one job is the “same or similar” in classification in order to switch positions during the I-140 process?

Post by legalmatrix on 12 Mar 2014

They usually refer to the Department of Labor’s Standard Occupational Classification system (http://www.bls.gov/soc/).  They consider multiple factors including, but not limited to the job duties at both positions as well as wages.  They will use several other factors and determine if they are the same or similar, but are usually generous in their determination. 

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