What is “AC21 §106(a) and (b)”?

AC21 §106(a) and (b) refer to provisions contained in the American Competitiveness in the 21st Century Act – a United States law that introduced important changes to the employment-based immigration process. These sections were created to offer more flexibility to foreign professionals undergoing the lengthy green card process, especially those on H-1B status, allowing them to make strategic career changes without harming their immigration process.

In practical terms, when a foreign professional has a green card petition (typically employment-based) and their I-140 form has already been approved, if they have been waiting for its finalization (for example, adjustment of status) for at least 365 days, AC21 permits them to change jobs or employers without interfering with the progress of their immigration process. This flexibility is essential, especially for professionals who may be seeking better opportunities, who need mobility due to unavoidable changes in their career, or who might face difficulties with the original employer.

It is worth highlighting that, to benefit from the advantages offered by AC21 §106(a) and (b), it is essential that the change is considered “the same or similar” in terms of function and area of expertise. Thus, the new position must have characteristics quite compatible with the job for which the green card was originally sponsored. This measure aims to ensure that the professional continues contributing within the same sphere of skills and competencies that justified their eligibility for the immigration process initially.

It is crucial to follow all laws and procedures established by the United States immigration system. Due to the complexity of these processes, it is recommended to seek specialized guidance from professionals or companies experienced in the area, as well as exercise caution to avoid scams or marketing campaigns that promise miraculous solutions. Always remember that each case has its particularities, and strictly complying with the legal requirements is vital to success in the immigration process.

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.