USCIS issued a 3/18/16 policy memorandum on determining whether a new job is in “the same or a similar occupational classification” for purposes of INA §204(j) job portability. Guidance shall be used for all §204(j) determinations pending or filed with USCIS on or after 3/21/16. See the memo at https://goo.gl/yUPA3Y
After PERM denied for more stringent requirements on employer’s website than those on 9089, BALCA reverses denial of PERM, citing Matter of Symantec and holding that the employer’s website posting is not subject to 20 CFR §656.17(f)(7). (Matter of Stryker Medical, 3/11/16)
On March 9, 2016, USCIS designated the Administrative Appeals Office’s (AAO) February 9, 2016, decision in Matter of H-V-P- as an adopted decision, and directed USCIS officials to follow its reasoning in similar cases. The decision clarifies that medical specialists who agree to practice in any area designated by the Secretary of Health and Human Services as having a shortage of health care professionals may be eligible for the physician national interest waiver (NIW) under INA §203(b)(2)(B)(ii).