Historically, the term “same or similar” used in determining job classification has caused serious difficulties for immigrant workers.
Previous lack of guidance of the term “same or similar”
In particular, the lack of understanding has has caused difficulty for thousands of individuals who planned on/are pursuing a change in position. Over the past several years, foreign professionals have been known to not pursue beneficial employment opportunities for fear of jeopardizing their status.
Clarification of the term “same or similar” for AC-21 purposes
USCIS is expected to provide additional guidance to the term “same or similar” within the AC21 green card visas. The Department of Homeland Security secretary said that the lack of clarity that attends the notion of “same” or “similar” jobs has been an obstacle that kept numerous immigrants from changing jobs.
Changing Jobs While the Green Card Application is Pending
The immigrants have been afraid that a change of employment would make their approved petitions null and void. Within the framework of new guidelines, key political figures have stressed that USCIS must make it clear to workers that they can assume related jobs or accept promotions within their particular fields while still maintaining valid petitions.
Even with improvements, process will be complicated
Changing jobs while maintaining certain statuses will still be a multifaceted process despite improvements. However, with certain improvements, individuals should feel more secure pursuing a change in a professional position.
Are You Concerned About How Executive Orders On Immigration Can Impact Your Life?
If you feel recent Executive Oorders On Immigration will impact your legal status within the United States you need to speak with an experienced immigration attorney as soon as possible. Please contact us online or call our Vienna, Virgnia office directly at 703.991.7978 or our Rockville, Maryland office at 301.637.5392 to schedule your case consultation.
