AC21 and the Same or Similar Occupation Provision

The CIS on April 7 provided a question and answer article about the AC21 same or similar occupation provision. Below is a summary of what the article discussed.

Section 106(c) of the AC21 (American Competitiveness in the Twenty-First Century Act of 2000) allows certain aliens to move jobs, retain an I-140 petition filed for their behalf, and remain eligible to adjust status without having to file another I-140. In these cases, the I-485 must have been pending with the CIS for 180 days or more and the new job must be in the same or similar occupational qualification. It applies to both job changes to different employers or to situations where one accepts a different position or receives a promotion from the same employer.

A major factor for CIS officers in determining whether a job is the same or similar is the SOC (Standard Occupational Classification). The SOC is a system of classifying jobs and occupations used by the Department of Labor. It is organized into codes, consisting of six numerical digits, with each one pertaining  to the following:

• First and Second Digits: major group
• Third: minor group
• Fourth and Fifth: broad occupation
• Sixth: detailed occupation

Note that this is not the only factor the CIS looks to in determining whether two occupations are the same or similar. There is no exact rule in how they make a determination. Other factors for consideration are wage discrepancy and job duties. Yet each of these factors can’t also be the sole basis for making their determination. So if job A and job B have a substantial discrepancy in wage, that factor can’t be the sole reason the CIS deems the two jobs as not the same or similar. CIS officers should view the totality of the circumstances in making this determination.

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