New AC21 Memo - How will BCIS decide about similar job

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PKSVS

Registered Users (C)
As per this latest memo the new offer of employment should be in the same or similar occupational classification .
Will the Job Title or Job Description of the new offer decide this or do we have to support the similar occupational classification with some facts/statistics alongwith the AC21 letter to be sent to BCIS??
 
This is my $0.02 on this matter :

1) The job duties should be similar (i.e. decent overlap with LC)
2) The skills mentioned in the LC should be similar (i.e. decent overlap with LC)
3) It helps to have the same job title but the memo indicates that the "job classification" has to be the same (that is the DOT job classification in the lower right hand corner of the LC)
4) The salary is the most confusing part, you can go to the O-NET online database and look up the distribution of salary for your job. It seems INS will be checking the same database for salary info. I think you can address the salary issue as "Mr/Ms so and so is earning a current salary of $X which is comensurate with his/her skills and expreience and is in the n-percentile of wage distribution in the state of Y (ref: O-NET blah blah) which is consistent with his/her labor certification"
 
New memo? 2001 is 2 years old. Anyway here is my heirarchy list
1. If Job title are same no problem
2. If Job titles are derivative of each other no problem
3. If Job titles are different, but new job's description from employer matches LC's description - then good
4.If Job titles are different, but new job's description from employer matches ONET description of original job- still good
5. If Job titles are different, Job description match is less than 50% for 3&4 above and the ONET description of both jobs then --- start packing.
6. If salary is the same, but title, qualification, responsibilities or description are different you dont have hope.
 
Jaxen

in one of my friend case. There is mention of Similar Job title in which he can work. He told me that his main title was as Computer S/w engg. and in the column of related job title there was mention of Compu. Prgrammer/Analyst,Compu. Enng and one other.
SO he was safe .As he got another job as Programmer Analyst.
Also in salary part I think he was off from labor by 1700$ for year(which is 2.8% of his current salary).

He is rolling smooth.
 
Hi Waytolong,

"3) It helps to have the same job title but the memo indicates that the "job classification" has to be the same (that is the DOT job classification in the lower right hand corner of the LC)"

Where in the memo does it indicate that the DOT code has to be the same?
 
I just re-read the entire memo I do see.

"The new job is in the same OR SIMILAR occupational classification as the job for which the certification or approval was initially made"

IF? the phrase "occupational classification" refers to your DOT code from the labor then I think you do not have to have exactly the same DOT code you can get through with a "Similar" one.

But how similar is similar - that is the question ?

just my opinion - is some place else in the memo or another memo that indicates it must be the same?
 
The DOT code is just to lookup the description. The new description should be same as the old one. Nobody know how similar is similar - I guess it just has to "feel" similar. I think one should try to avoid comparing pizza delivery to wall street bankers job description, but generally speaking INS seems to give some leeway on that one. Honestly, it is anybody's guess
 
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