USCIS to Clarify “Same or Similar”

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.