How USCIS Determines Same or Similar Occupational Classifications for Job Portability Under AC21 (2024)

The Department of Labor (DOL) uses the Standard Occupational Classification (SOC) system to group and classify jobs and occupations. The purpose of the SOC system is to organize occupational data and classify workers into distinct occupational categories. The SOC system covers all occupations where work is performed for pay or for profit. Occupations are generally categorized based on the type of work performed. Additionally, certain occupations are also classified based on the skills, education and training required to perform the job.

The SOC system is organized using codes, which generally consist of six numerical digits. For example, the SOC code for a stonemason is 47-2022.

• [47]-2022: The first two digits, “47” represent the major group, which includes all construction and extraction occupations.
• 47-[2]022: The third digit, “2” represents the minor group, which includes all construction trade workers.
• 47-2[02]2: The fourth and fifth digits, “02” represent the broad occupation, which includes brick masons, block masons, and stonemasons.
• 47-202[2]: The sixth digit, “2” represents the detailed occupation, which only includes stonemasons.
  • 47-0000Construction and Extraction Occupations
  • 47-2000Construction Trades Workers
  • 47-2020Brick masons, Block masons, and Stonemasons
  • 47-2022Stonemasons

No occupation will be assigned to more than one category with six digits.

The USCIS Policy Manual [7 USCIS-PM E.5] instructs USCIS officers that they may refer to DOL’s SOC system in making portability determinations. It also instructs officers to consider additional resources such as DOL’s Bureau of Labor Statistics’ Occupational Outlook Handbook as well as the DOL’s Bureau of Labor Statistics’ Occupational Employment Statistics Database as part of the analysis.

USCIS officers consider multiple factors when deciding if two jobs are in similar occupational classifications for job porting purposes. USCIS officers may compare factors including, but not limited to:

• DOL’s SOC system
• The job duties of both positions
• The skills, experience, education, training, licenses or certifications specifically required to perform each job
• The SOC code from the Form I-140, Immigrant Petition for Alien Worker, the ETA Form 9089, Application for Permanent Employment Certification (PDF)(if applicable), and the appropriate SOC code for the new position as identified on the I-485 Supplement J
• The wages associated with each position
• Any other relevant and credible evidence submitted by the applicant

USCIS officers will consider the totality of the circ*mstances to determine if the two jobs are the same or similar for porting purposes and make our determination based upon a preponderance of the evidence.

As noted above, USCIS does not use a simple numerical comparison of SOC codes to determine if two jobs are the same or similar. USCIS aims to determine in all cases whether a new position is in the same or similar occupational classification as the original job offer. When referring to the SOC system, USCIS will analyze the SOC codes of the two jobs it is comparing. However, there is no specific rule for matching any particular order of digits in two SOC codes.

In the example in the Occupational Classifications section above, the “47” encompasses all construction and extraction occupations, which is a broad category and would not determine whether two jobs are similar. In this particular example, even matching additional digits of the SOC codes may not show whether or not two jobs are similar.

For example, the SOC code for a stonemason is 47-2022.The job description for a stonemason is:

Build stone structures, such as piers, walls, and abutments.Lay walks, curbstones, or special types of masonry for vats, tanks, and floors.

The SOC code for a boilermaker is 47-2010, which contains the same first four numbers of the stonemason’s SOC code (47-20). However, the job description for a boilermaker is significantly different from that of stonemason:

Construct, assemble, maintain, and repair stationary steam boilers and boiler house auxiliaries. Align structures or plate sections to assemble boiler frame tanks or vats, following blueprints. Work involves use of hand and power tools, plumb bobs, levels, wedges, dogs, or turnbuckles. Assist in testing assembled vessels. Direct cleaning of boilers and boiler furnaces. Inspect and repair boiler fittings, such as safety valves, regulators, automatic-control mechanisms, water columns, and auxiliary machines.

In reviewing two positions within the same broad occupational classification, USCIS will consider factors such as the similarity of the duties, experience, or areas of study associated with each position.

• The USCIS Policy Manual [7 USCIS-PM E.5] (PDF, 94.21 KB)
• Immigration and Nationality Act