What is “AC21 portability”?

The concept of AC21 portability relates to an American law, the American Competitiveness in the Twenty-first Century Act (AC21), which makes life easier for immigrant workers who want to change employers without harming their immigration process.

This rule can be extremely helpful, especially for those already involved in employment-based visa processes, such as EB-3.

In general terms, AC21 portability allows the beneficiary of an immigrant visa, who has already had Form I-140 approved and has had their adjustment of status application pending for at least 180 days, to change employers, provided the new position is in the same or a similar occupational area as originally described in the petition.

This flexibility allows for exploring new opportunities while maintaining progress in the process. It is essential to strictly comply with immigration laws, deadlines, and seek specialized guidance to avoid risks and ensure the success of the petition.

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.