支持140 EAD和I485 pending 180天的朋友 请帮忙转发这个comments.我觉得写的很好
ATTN: The Same or a Similar Occupational Classification” for Purposes of
Section 204(j) Job Portability
Comments on Draft PM-602-0122
Dear USCIS Adjudication Committee,
Thank you for providing the most important stakeholders, the petitioners
like myself, ability to provide comments on the Draft Memo 602-0122 which
was released on November 20, 2015.
As someone who is subject to extreme backlogs of more than a decade, that
immigrants from most other countries are not subject to, I am very
interested in ensuring that these long waits do not negatively impact my
ability to progress in my career.
To evaluate this memo, I looked at some of the most successful immigrants to
USA and applied the draft rules in this memo to see if this memo would have
helped them achieve success and contribute to the country. In that respect,
this memo would have SIGNIFICANTLY hurt them.
1. For e.g. Sundar Pichai, CEO of Google, would fail this test because
the SOC codes between his time in Management Consulting at McKinsey and
product management at Google do not match. Also, based on a comment provided
as part of a call on 12/17/2015, being a CEO would also fail “same or
similar” classification as I will detail below.
2. Satya Nadella, CEO of Microsoft, rose through the ranks of
Microsoft to become the CEO. Based on the comments provided on the call on
12/17/2015, there is a requirement to manage people of same or similar job
classification. This becomes very hard to do because with 120,000 employees
in case of Microsoft or 60,000 in case of Google, CEOs eventually manage
diverse groups.
3. Lastly, Jan Koum, who created WhatsApp that was sold to Facebook
for $19 Billion would not have qualified under the rules in this memo as SOC
codes for his previous roles and a startup founder were different.
I hope those examples illustrate the very real consequences of relying on
SOC codes. The technology industries, that I am part of, have a very rapid
pace of change and many skills are very easily transferable to multiple
industries. The reliance on SOC codes impedes progress of many immigrants on
multiple levels.
Therefore, I strongly recommend that the “preponderance of evidence”
standard, including evidence from the current employer that demonstrates
that the skills and abilities detailed in the original petition are a factor
in the current job role, ALONE should be sufficient to deem that the new
job is in a same or similar classification. In addition, I also recommend
that the LEAST restrictive definition of “similar” be used as a guiding
factor in all determinations.
This, I believe, is in line with the letter and spirit of President Obama’s
Executive Action and would help us immigrants continue to contribute to the
larger US economy and complement the existing American workforce.
Sincerely,
