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USCIS to Clarify “Same or Similar”

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Among the announcements made during President Obama’s administrative immigration reform on November 20, 2014, was the announcement that USCIS is being directed to clarify the term “same or similar” pursuant to AC21.

DHS Secretary Jeh Johnson directed USCIS to issue written guidance clarifying what constitutes a “same or similar” job under current law. Secretary Johnson cites a difficulty with qualified immigrants seeking new job opportunities or promotion opportunities due to the lack of clarity under the law. He says some qualified immigrants might be reluctant to accept a promotion or better job, fearing that it might void their current approved immigration petitions.

Worker portability is an ongoing concern for foreign high-skilled workers and their employers. We look forward to additional guidance and increased clarity to difficult areas such as the “same or similar” dilemma that AC21 tends to present at times.

For advice related to AC21 and “same or similar” provisions, please contact our attorneys to schedule an appointment.

Bryon M. Large, Sr. is a Senior Associate Attorney at Kolko & Associates, P.C., a Denver-based full service immigration law firm. He is licensed to practice law by the Colorado Supreme Court and has also been admitted by the United States District Court for the District of Colorado and the United States Court of Appeals for the Tenth Circuit. He received his Juris Doctor degree from the University of Denver and his undergraduate degree from the University of New Mexico. Bryon actively practices removal defense, federal litigation, family-based and employment-based immigration, asylum and naturalization.

Bryon is a past Chapter Chair for the Colorado Chapter of the American Immigration Lawyers Association (AILA), as well as a Past Chair of the Immigration Law Section of the Colorado Bar Association. He currently serves as the President of the Colorado LGBT Bar Association, an Elected Director on the AILA Board of Governors, and is a member of the National LGBT Bar Association.

Bryon’s true passion in life is being a father to his two children.

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Kolko & Casey, P.C. is a full service immigration and naturalization law firm providing professional legal services to individuals and businesses throughout Colorado, the Rocky Mountain West, the United States, and the World. Our professional staff speaks English, Spanish, Korean, and Portuguese and we can arrange for translators in any other language.