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Question 5 : What is meant by "same or similar" job?
The position must have the same essential job duties. For example, in the computer field the position can use different software and computer languages but it must require the same basic functions. A programmer is still a programmer, even if using different languages or working on a different application. A baker is still a baker, whether making bread, rolls, muffins, or croissants. The narrowest interpretation would consider the position to be under the same category in the Dictionary of Occupational Titles or the O*NET published by the Department of Labor. This narrow interpretation is the INS position as mentioned in the June 2001 INS Interim Guidance on AC21. However, we have lobbied for a broader and more liberal interpretation with senior INS officers at various meetings. In practice, the INS has agreed that the AC21 law does not limit it to an identical DOT or O*Net code and has approved many cases throughout the local INS offices and the INS Service Centers in which the new position does not match the earlier job with respect to DOT Code or O*Net classification.