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.
We are ready to help you
If you are interested in hearing more about how Obama’s executive action can help you, or are currently deciding whether or not to change positions, contact Tucker, Nong and Associates immediately online or by phone today.
It is essential for professionals to consider how their decisions will affect their short term and long term immigration goals. Our immigration lawyers have extensive experience in helping foreign nationals reach their immigration and occupational goals.