Same or Similar Occupational Classification

What does “same or similar occupational classification” mean?

The regulatory definitions appear in 8 C.F.R. §245.25(b). The comparison is between the occupation underlying the qualifying employment-based immigrant petition and the applicant's new permanent job offer.

The statutory purpose of the test

Congress created INA §204(j) so that certain employment-based applicants would not remain indefinitely tied to one employer or one position while Form I-485 processing continued for extended periods.

If the qualifying I-485 has been pending for at least 180 days, an eligible applicant may move to a new full-time permanent position when the new employment falls within the same or a similar occupational classification.

The same-or-similar test therefore balances two principles:

• The immigrant petition must continue to represent the type of employment for which the applicant was sponsored.
• Normal changes in employers, compensation, career progression, duties, and business structure should not automatically destroy a long-pending adjustment case.

See AC21 Job Portability for the complete portability framework.

USCIS considers the totality of the record

USCIS does not apply a single numerical formula. Supplement J instructions direct officers to review the entire record, including the form itself and any additional evidence submitted by the applicant or employer.

Job duties are often the strongest evidence

The substantive responsibilities of the two positions are usually central to the comparison. Job titles can vary dramatically among employers even when employees perform essentially the same work.

A strong portability filing identifies:

• The principal duties of the original I-140 position.
• The principal duties of the new permanent position.
• The technical or professional functions common to both.
• The knowledge and skills required to perform those functions.
• Any new duties resulting from normal advancement.
• Why any apparent differences do not change the underlying occupation.

Standard Occupational Classification codes

USCIS may consult the Department of Labor's Standard Occupational Classification system, O*NET, the Occupational Outlook Handbook, and other occupational resources when evaluating portability.

SOC codes can help establish that two jobs belong to the same occupational grouping or closely related occupations. They can also provide information concerning:

• Typical job duties.
• Educational requirements.
• Skills and knowledge.
• Experience or training expectations.
• Related occupations.

However, the SOC code is evidence rather than a substitute for the complete analysis.

The same SOC code does not automatically prove portability

The reverse is also true. Merely placing both jobs under the same broad occupational code does not necessarily establish that the positions are genuinely the same or similar.

For example, a broad occupational category can contain positions involving significantly different:

• Job functions.
• Technical specialties.
• Levels of responsibility.
• Education or licensing requirements.
• Professional disciplines.

The Supplement J filing should therefore describe the actual employment rather than relying exclusively on a code number.

Career progression is expressly relevant

An applicant may advance professionally during the years that an employment-based green card case remains pending. USCIS recognizes that career progression can produce a new position that remains same or similar even though the applicant has gained responsibility.

Examples may include progression from:

These are examples only. Each case turns on the actual occupations and evidence.

Moving into management can still qualify

A move from a professional or technical role into management does not automatically make the new job dissimilar.

Relevant questions include:

• Does the applicant continue using the specialized knowledge developed in the original occupation?
• Does the applicant manage employees performing the same or related professional functions?
• Is the management position a normal progression from the original career path?
• Do the positions remain within the same professional discipline?
• How much of the new position involves unrelated general management?

The greater the occupational continuity, the stronger the portability argument.

Salary differences are not automatically disqualifying

A substantial salary increase or decrease does not independently establish that the new job is different. Wages can change for reasons unrelated to occupational classification.

Possible reasons include:

• Promotion.
• Additional experience.
• Geographic relocation.
• Inflation.
• Different employer compensation structures.
• Market demand.
• Bonuses, equity, or other forms of compensation.
• Movement between public, nonprofit, academic, and private-sector employment.

Geographic relocation does not control the analysis

AC21 portability can permit an applicant to move to another city or state. The relevant inquiry is ordinarily the occupational relationship between the jobs rather than whether the new worksite is in the same geographic area as the original labor certification.

A geographic move may indirectly affect other evidence, such as wages or specific duties, but relocation alone does not make the occupation different.

The new employer can operate in a different industry

The employer's industry and the applicant's occupation are not necessarily the same thing. Many occupations exist across numerous industries.

For example, comparable positions may exist for:

• Software professionals in banking, health care, manufacturing, or technology companies.
• Accountants in corporations, universities, nonprofit organizations, and professional firms.
• Engineers across different manufacturing or technology sectors.
• Researchers in universities, biotechnology companies, pharmaceutical companies, or research institutions.

The portability question is whether the applicant's occupation remains same or similar, not merely whether both employers operate in the same business sector.

Education and experience requirements

Comparable qualification requirements can strongly support a same-or-similar finding. If both positions require essentially the same professional education and specialized experience, that evidence can show occupational continuity.

Conversely, a new position that requires an entirely unrelated educational discipline or different professional background may suggest that the applicant has changed occupations.

USCIS may review the requirements stated in:

• The permanent labor certification.
• Form I-140.
• Employer support letters.
• Supplement J.
• Job postings or internal job descriptions.
• Occupational reference materials.

Licenses and certifications can be important

Where an occupation requires professional licensure or specialized certification, shared credential requirements may provide significant evidence that the positions belong to the same professional field.

Examples can include occupations involving:

• Health care licenses.
• Professional engineering credentials.
• Accounting licenses.
• Teaching credentials.
• Other legally regulated professional qualifications.

A new job requiring an entirely different professional license can be evidence of an occupational change.

Self-employment uses the same occupational test

Current 8 C.F.R. §245.25 recognizes qualifying self-employment as a possible new employment offer for portability.

Self-employment does not avoid the same-or-similar requirement. The applicant must establish what work will actually be performed and compare that work with the occupation underlying the I-140.

Useful evidence may include:

• Business formation records.
• Contracts.
• Client agreements.
• Business plans.
• Invoices or revenue records.
• Detailed descriptions of the applicant's professional services.
• Evidence that the business is bona fide and operating or realistically capable of operating.

The new arrangement must also constitute bona fide permanent employment for portability purposes.

The comparison starts with the qualifying I-140 job

The original occupation is determined from the employment basis underlying the qualifying immigrant petition. Relevant evidence may include:

• The certified permanent labor certification, if applicable.
• Form I-140.
• Supporting employer letters.
• Original job description.
• Petition exhibits.
• Evidence of the occupational classification USCIS accepted.

The applicant should not redefine the original position after the fact merely to make the new job appear similar.

The new position should be described precisely

Supplement J asks for detailed information concerning the new permanent job. Generic or vague descriptions can make the portability analysis unnecessarily difficult.

A strong description ordinarily explains:

• Primary duties.
• Percentage or relative importance of major functions when helpful.
• Technical or professional skills.
• Education and experience requirements.
• Supervisory responsibilities.
• Tools, systems, or methodologies used.
• Compensation.
• Work location.
• The relationship between the position and the applicant's professional career.

Form I-485 Supplement J

The applicant ordinarily presents the new job for portability through Form I-485 Supplement J.

USCIS reviews Supplement J together with any supporting evidence to determine whether the new job satisfies the same-or-similar occupational standard.

The applicant and employer may submit additional evidence beyond the minimum form requirements when the occupational relationship is not obvious.

When a detailed legal comparison is especially useful

A short Supplement J may be sufficient when the two positions are plainly the same occupation. A more detailed comparison can be useful when:

• The SOC codes differ.
• The applicant has been promoted into management.
• The salary changed substantially.
• The applicant moved into self-employment.
• The employer operates in a different industry.
• The new title is substantially different.
• The original job description was unusually broad or narrow.
• The applicant has moved into a specialized subfield.
• USCIS issues a Request for Evidence or Notice of Intent to Deny.

Example: straightforward same occupation

Example: career progression

Example: potentially unrelated occupation

Evidence checklist

• The original permanent labor certification, if applicable.
• Original I-140 job description.
• Original employer support letter.
• New Form I-485 Supplement J.
• Detailed new-employer job description.
• Comparison chart of old and new duties.
• SOC classifications and occupational descriptions.
• O*NET or Occupational Outlook Handbook evidence when helpful.
• Education and experience requirements.
• Licensing or certification requirements.
• Salary information and explanation of substantial differences.
• Evidence of career progression.
• Business records in a self-employment case.

Common same-or-similar mistakes

Primary authorities

Related INA245.com guides

Frequently asked questions