EB-3 AC21 portability is a rule allowing an applicant who has filed for adjustment of status (I-485) to move to a different job while keeping their immigration case on track, as long as they meet the conditions on timing and the nature of the job. It is a “lifeline” for those waiting a long time. This article explains the 180-day rule in EB-3 AC21 portability and how to apply it correctly.
EB-3 AC21 portability là gì
This provision stems from the American Competitiveness in the Twenty-First Century Act, which allows people with a long-pending I-485 more flexibility in employment. Rather than being tied forever to one employer, the applicant can change jobs under certain conditions.
The purpose is to protect workers from getting stuck due to lengthy processing times, especially those born in countries with a large backlog.
How the 180-day rule works
The core requirements consist of three parts: the I-485 must have been filed and pending for 180 days or more, the I-140 must have been approved, and the new job must be in the same or a similar occupational group as the job in the original petition.
Once these are met, the applicant files a supplementary form (Supplement J) to confirm the new job offer. This helps retain the priority date without having to restart the process from scratch.
Important notes when applying
The concept of a “similar job” is assessed based on the job description, skills, duties and salary level, not just the job title. If the new job differs significantly, the case may be questioned.
You should keep evidence of the similarity between the two jobs. Referring to adjustment of status process and consulting an attorney before changing jobs helps avoid unnecessary risk.
Summary
EB-3 AC21 portability offers valuable flexibility for those waiting a long time for immigration. The key is meeting the 180-day rule, having an approved I-140, and moving to a similar job. You should file the supplementary form correctly and consult professionals to preserve the process.
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References
- USCIS — Adjustment of Status: https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status
- USCIS — Employment-Based Immigration: Third Preference EB-3: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
Read more: Overview of the EB-3 visa for US immigration · EB-3 Spouses Both Working in the US
