Employment Mobility and Visa Portability (AC21)

The American Competitiveness in the Twenty-First Century Act of October 2000 (AC21) provides that an adjustment of status applicant (adjustment applicant) who has an I-485 application pending for 180 days or longer is able to continue with the green card process even after s/he has changed employers, as long as the new job is in the same or a similar job classification. Additionally, AC21 removes the six-year limitation on H-1B status for certain foreign nationals on whose behalf an employment-based labor certification has been pending for 365 days or more.

With the high number of I-485 petitions filed during the visa number retrogression of mid-2007, we see a high number of foreign nationals seeking to switch jobs under AC21 while preserving their I-485 petition status. While AC21 intended to increase employee mobility, foreign nationals should use follow carefully the AC21 requirements and avoid putting their I-485 in jeopardy.

What we can do for you?

  • Help you analyze and determine whether AC21 allows you to switch jobs while remaining in compliance.
  • Help you analyze the “same or similar job” requirements.
  • Help you remain in compliance upon layoff or job termination.
  • Help you prepare any AC21-related filings and supporting documentation.
  • Help you address any USCIS Requests for Evidence (RFEs) or other inquiries while adjustment of status application is pending.

This is only one of the many immigration practices at our firm. We are happy to provide you with a free initial consultation to understand your needs and provide a proposed solution. Please contact us via email or call our toll-free number at 888.USV.ISA1 (888.878.4721).

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TestimonialThanks a lot for your services as attorney at law in my H-1B [application]. I am very pleased with the courtesy and professionalism you handled this case in every step from beginning until now. Rest assured I will contact you again if we need attorney services in the future, and, of course, we will refer you to our friends with our highest recommendations. Thank you again for your extremely efficient professional services.
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