Does the American Competitiveness in the Twenty-first Century Act (AC21) apply to the NIW?

The EB-2 NIW (National Interest Waiver) is a visa that waives the requirement for a job offer and, consequently, does not involve a specific employer to sponsor the petition. This differentiates it from employment-based processes, where the American Competitiveness in the Twenty-first Century Act (AC21) can have a direct impact by allowing job portability and facilitating certain changes during processing.

AC21 was created to assist professionals who depend on a job offer to change position or workplace without compromising the progress of their permanent residence petition, provided they meet certain requirements, such as having a pending I-485 for at least 180 days. In employer-dependent cases, this portability can be very useful to avoid delays or problems arising from job changes. However, in the case of the EB-2 NIW, since the petition is self-sponsored and does not require an employer for the process, the mechanisms offered by AC21 simply do not apply in the same way.

It is important to remember that, even when there are doubts about how certain laws relate to the immigration process, all steps must strictly follow the rules established by the United States Department of Homeland Security (DHS) and other involved agencies. Therefore, it is essential to seek updated information and, if necessary, consult specialists who can help clarify the particularities of each case, avoiding falling for miracle promises or marketing campaigns guaranteeing results.

Compliance with United States immigration law is a priority. Look for reliable sources and specialized professionals to guide your path, ensuring that all procedures are correctly followed and that your situation is evaluated with due attention to legal details.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.