Same or Similar
From Immigration Wiki
Same or Similar:
Yates Memo dated 12-May-2005 provides Interim Guidance on making a determination if the new employment is in the “same or similar” occupational classification in comparison to the employment in the initial Labor Certification or the form I-140. The criteria described below should be taken into consideration while determining “same or similar”:
Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the “same or similar” occupational classification.
The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of “same or similar” occupational classification.
A substantial discrepancy between the previous and the new wage.
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