30 March 2016 US Citizenship and Immigration Services issues policy memo on whether new job is in "Same or Similar Occupational Category" Effective March 21, the United States Citizenship and Immigration Services (USCIS) issued a final Policy Memorandum providing guidance and clarification on the section of law that allows certain foreign nationals to change or "port" an offer of employment upon which an adjustment of status application is based. Although the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) has been around for some time, there have not until now been any regulations or binding memos to interpret the Act. In addition to publishing the final memorandum, USCIS has also revised the Adjudicator's Field Manual to include the guidance from the memo. Both the memo and the guidelines will aid in delivering efficient and consistent portability adjudications. A Tax Alert prepared by Ernst & Young's Human Capital group, and attached below, provides additional details. Document ID: 2016-0588 |
