HQPRD 70/6.2.8-P
What is “same or similar” occupational classification for purposes of I-
140 portability?
Answer: When making a determination if the new employment is the “same or
similar” occupational classification in comparison to the employment in the
initial I-140, adjudicators should consider the following factors:
A. 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.
B. 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.
C. A substantial discrepancy between the previous and the new wage. (See
Question 5 of this section for further clarification).