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

In general, the mechanisms tied to AC21 (American Competitiveness in the Twenty-first Century Act) were designed for situations that depend on an employer, so they do not apply to the EB-2 NIW (National Interest Waiver) in the same way they apply to employer-sponsored processes.

AC21 introduced flexibilities for those immigrating through employment-based pathways, such as the ability to change positions or employers at certain stages of the process without starting over. Because these rules revolve around a sponsoring employer, they make sense in cases that have one.

The EB-2 NIW is different because it is self-petitioned: the applicant does not depend on a job offer or an employer to advance the petition. For this reason, the employment portability logic of AC21 does not apply in the same way, even though other general adjustment of status rules may still apply.

Since the interaction between different rules depends on the specifics of each case, it is worth checking updated rules at the official source (USCIS) and reviewing your situation with a specialist.

About the author

Victoria Harper

Editor-in-Chief

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As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.