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Determining Whether a New Job Is in "the Same or a Similar Occupational Classification" for Purposes of Section 204(J) Job Portability - Draft Policy Memorandum

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  7. Determining Whether a New Job Is in "the Same or a Similar Occupational Classification" for Purposes of Section 204(J) Job Portability - Draft Policy Memorandum

Determining Whether a New Job Is in "the Same or a Similar Occupational Classification" for Purposes of Section 204(J) Job Portability - Draft Policy Memorandum

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Determining Whether a Job Portability - Draft Policy Memorandum is a 13-page legal document that was released by the U.S. Department of Homeland Security - Citizenship and Immigration Services on November 20, 2015 and used nation-wide.

FAQ

Q: What is Section 204(J) job portability?A: Section 204(J) job portability is a provision that allows certain employment-based immigrants to change jobs or employers without having to restart the green card process.

Q: What does 'the same or a similar occupational classification' mean?A: The term 'the same or a similar occupational classification' refers to jobs that are in the same or a closely related field as the original job.

Q: How can you determine if a new job is in 'the same or a similar occupational classification'?A: To determine if a new job is in the same or a similar occupational classification, you should consider factors such as the job duties, skills required, educational qualifications, and industry of the new job compared to the original job.

Q: Are there any specific criteria for determining 'the same or a similar occupational classification'?A: No, there are no specific criteria provided in the draft policy memorandum. It is a case-by-case determination based on the factors mentioned before.

Q: What is the purpose of the draft policy memorandum?A: The purpose of the draft policy memorandum is to provide guidance on how to determine whether a new job is in the same or a similar occupational classification for Section 204(J) job portability.

Q: Who can benefit from Section 204(J) job portability?A: Certain employment-based immigrants, such as those with an approved I-140 petition, can benefit from Section 204(J) job portability.

Q: Is Section 204(J) job portability applicable to all employment-based immigrants?A: No, Section 204(J) job portability is only applicable to specific categories of employment-based immigrants, as outlined in the law.

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