Dr. William:

I am a research scientist working with a small company. My self-petitioned EB1 Extraordinary Ability I-140 was approved and I-485 has been pending for 3 months. Now, a good university wants to hire me as a research associate, how could I know if the new job is in the similar occupational classification as my current job? 

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Answer:

The adjudicators in the USCIS Service Centers are working under their criteria. When making a I-485 determination if the new employment is the “same or similar” occupational classification in comparison to the employment in the initial I-140, the adjudicators should consider several factors.

In the case of Labor Certification based application, the adjudicators will look at the description of the job duties contained in the certified Labor Certification application ETA 750A or ETA 9089. If the EB case is a Labor Certification waived petition, such as your self-petitioned EB1 Extraordinary Ability I-140, they will look at the initial I-140 petition, and then look at the job duties of the new employment to determine whether they are the “same or similar” occupational classification.