Immigration laws specifically address the classification of workers for employment purposes. One of the categories, “same or similar,” has been fraught with confusion as employees have struggled to understand the meaning of the term. A worker might think about changing positions but might be afraid to because they do not know how the new job will impact their legal immigration status.
Guidance on Understanding Practical Application of Terms
The United States Citizen and Immigration Services still needs to clarify what the term “same or similar” means in practical applications, especially related to the AC21 green card visas. Even the secretary for the Department of Homeland Security has admitted that the confusion over the term has hampered immigrants who want to pursue other employment options. These individuals worry that any job-related changes might not just affect their legal status but that they could be deported as a result.
New Clarification Provided.
Federal officials are now encouraging the USCIS to clarify that a worker can accept a related position or even a promotion with no fear of affecting their legal status. Even with updated clarification, the process will still take time as the applicants go through the necessary steps. However, additional clarification will allow candidates to seek new opportunities as they move toward their professional goals.
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You might need additional information for your situation as you contemplate making a job-related change. For answers to your questions or if you want to learn more about how President Obama’s legislation related to immigration affects you, contact our law office today.