Listserv Q&A for "Adjusting Your Thinking: Who Can, Who Can't and Who Shouldn't Adjust Status"
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Question:
Most discussions of adjustment portability and the specific
requirement that the new employment be in a similar occupation tend to
reference an underlying labor certification specifying the initial
occupational classification. Any thoughts on how the similar occupation
issue might be handled for an adjustment applicant who is porting from an
EB1(Multinational Executive/Manager) petition, in view of the fact that
there is no underlying labor certification to look to for occupational
classification?
Answer by Tammy Fox-Isicoff:
If it is for a management position - a
management position with similar duties should suffice.
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