What is “AC21 §106(a) and (b)”?

The “AC21 §106(a) and (b)” is part of the American Competitiveness in the 21st Century Act, a U.S. law that gives breathing room to people on the long employment-based green-card path. These provisions address one specific thing: extending H-1B status beyond the six-year maximum.

As a rule, H-1B status is capped at six years, counting the initial grant and renewals. Section 106(a) creates an exception: if 365 days or more have passed since a labor certification (PERM) or an immigrant petition (I-140) was filed, the worker can request an extension of status beyond six years. Section 106(b) ensures those extensions are granted in one-year increments until the permanent-residence process reaches a final decision.

A few points help clarify:

• The goal is to keep green-card backlogs from forcing the worker to leave the country.
• The green-card process must have started in time, before the H-1B reaches the end of its six years.
• Do not confuse this with portability (changing employers): here the focus is time in status, not switching jobs.

Because the exact requirements and timelines are technical and can change, the safest course is to confirm current conditions with USCIS or a qualified professional before making any decision.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

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.