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.

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