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

Determining Whether a Job Portability - Policy Memorandum is a 21-page legal document that was released by the U.S. Department of Homeland Security - Citizenship and Immigration Services on March 18, 2016 and used nation-wide.

FAQ

Q: What is Section 204(J) job portability?
A: Section 204(J) job portability is a provision in immigration law that allows certain foreign workers to change jobs within the same or a similar occupational classification without jeopardizing their immigrant visa petitions.

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

Q: Who does Section 204(J) job portability apply to?
A: Section 204(J) job portability applies to certain foreign workers who have approved immigrant visa petitions and are waiting for their priority dates to become current.

Q: How is a 'same or a similar occupational classification' determined?
A: The Policy Memorandum provides factors that can be considered to determine whether a new job is in the same or a similar occupational classification, including job duties, skills required, wages, and other relevant factors.

Q: Why is job portability important for foreign workers?
A: Job portability allows foreign workers to change employers or job positions without having to restart the sometimes-lengthy employment-based immigration process, providing them with more flexibility and opportunities in the job market.