AC21 lets you change employers during the green card process without starting over but only if you meet specific requirements. Here's how portability works and how to use it safely.
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AC21 (American Competitiveness in the Twenty-First Century Act) allows green card applicants to change employers after I-485 has been pending for 180+ days, provided the new job is in the "same or similar" occupation. Your green card process continues with the new employer, and you keep your priority date. This provides crucial flexibility during long processing times but you must understand the rules to use it safely.
180-day rule: I-485 must be pending 180+ days before you can port.
Same or similar occupation: New job must be in substantially similar field.
Priority date protected: You keep priority date regardless of job change.
I-140 must be approved: Portability works best when I-140 has been approved.
No new PERM required: New employer doesn't need to file new labor certification.
Documentation matters: Notify USCIS and document the job change properly.
180-day rule: I-485 must be pending 180+ days before you can port.
Same or similar occupation: New job must be in substantially similar field.
Priority date protected: You keep priority date regardless of job change.
I-140 must be approved: Portability works best when I-140 has been approved.
No new PERM required: New employer doesn't need to file new labor certification.
Documentation matters: Notify USCIS and document the job change properly.
What is AC21?
Legislation passed in 2000 that allows green card applicants to change employers without abandoning their pending I-485.
The key provision (Section 106(c)):
If I-485 has been pending 180+ days, applicant can change to "same or similar" job without affecting green card eligibility.
Why it matters:
Before AC21, changing employers meant:
Withdrawing I-485
New employer filing new PERM
New I-140
Starting over (losing years of waiting)
With AC21:
Keep pending I-485
Keep priority date
New employer doesn't need new PERM or I-140
Process continues
Requirement 1: I-485 Pending 180+ Days
The countdown:
Starts when USCIS receives your I-485
Must reach 180 days before you change jobs
Calendar days, not business days
Important: If you change jobs before 180 days, you likely lose your green card case.
Requirement 2: "Same or Similar" Occupation
What "same or similar" means:
New job must be in same or similar occupational classification as the job listed on your PERM/I-140.
Same job:
Identical job title and duties
Same employer, just different location
Promotion within same field
Similar job:
Same occupational classification (SOC code)
Substantially similar duties
Same field and general skill level
Examples of "same or similar":
Software Engineer → Senior Software Engineer ✓
Software Engineer → Software Architect ✓
Software Engineer → Engineering Manager ✓
Data Scientist → Machine Learning Engineer ✓
Software Engineer → Product Manager ✗ (different classification)
Software Engineer → Marketing Manager ✗ (different field)
Requirement 3: I-140 Status
Best case: I-140 already approved
If I-140 is approved:
Portability is straightforward
Old employer can't directly affect your case
Safest position for job change
If I-140 is pending:
Technically can still port
But I-140 must eventually be approved
If I-140 is denied, I-485 may fail
If employer withdraws I-140:
After 180 days of I-140 approval: You're protected
Before 180 days of I-140 approval: Riskier
Consult attorney for specific situation
Step 1: Verify you meet requirements
I-485 pending 180+ days? ✓
New job same/similar to PERM job? ✓
I-140 approved (or pending with reasonable chance)? ✓
Step 2: Accept new job offer
Ensure job duties align with "same or similar" requirement
Get detailed offer letter describing position
Step 3: Notify USCIS (optional but recommended)
Option A: File Supplement J
I-485 Supplement J documents your new job
Shows USCIS you're porting
Not technically required but recommended
Option B: Wait until interview
Bring job change documentation to interview
Explain portability
Riskier but acceptable
Step 4: Continue green card process
Attend any scheduled appointments
Respond to any USCIS requests
Green card approved based on continuing eligibility
Separate from AC21 job portability:
If I-140 has been approved 180+ days, your priority date is "portable"—it can be used for future green card petitions even if original I-140 is withdrawn.
Why this matters:
If you leave employer and they withdraw I-140:
After 180 days approved: You keep priority date
Before 180 days approved: You may lose priority date
Best practice: Wait until I-140 has been approved 180+ days before changing jobs if possible.
Can employer withdraw I-140?
Yes, at any time.
Effect of withdrawal:
If I-140 approved 180+ days:
You keep priority date
I-485 continues processing
Minimal impact (for AC21 purposes)
If I-140 approved less than 180 days:
Priority date may be lost
I-485 may be affected
More complex—consult attorney
If I-140 still pending when withdrawn:
I-140 will be denied/abandoned
I-485 may fail if no approved I-140
Very risky situation
Scenario 1: Laid off after 200 days pending
Situation: Your I-485 has been pending 200 days. You're laid off. You quickly find new job in same field.
Analysis:
200 days > 180 days ✓
New job same/similar ✓
Portability applies ✓
Action:
Accept new job
File Supplement J
Continue green card process
Scenario 2: Better opportunity after 1 year pending
Situation: I-485 pending 14 months. You get offer for better-paying job in same field. Current employer doesn't want you to leave.
Analysis:
14 months > 180 days ✓
Same/similar job ✓
You have right to port ✓
Action:
Accept new job
Notify USCIS
Employer may withdraw I-140 (but you're protected after 180 days approved)
Scenario 3: Change jobs before 180 days
Situation: I-485 pending 90 days. You want to change jobs.
Analysis:
90 days < 180 days ✗
Portability does NOT apply
Options:
Wait until 180 days to change jobs
Change jobs and risk losing I-485
Consult attorney for specific circumstances
Scenario 4: Career change (different field)
Situation: I-485 pending 200 days. You want to switch from engineering to sales.
Analysis:
200 days > 180 days ✓
But new job is NOT same/similar ✗
Reality:
AC21 doesn't apply to different occupations
This job change would likely abandon your green card
Would need new PERM in new field
USCIS guidance:
Same SOC code is strong evidence of "same or similar"
But same SOC isn't strictly required
Focus on job duties, requirements, and field
Factors USCIS considers:
Job duties substantially similar?
Same industry/field?
Same skill level and requirements?
Same occupational classification?
Safe job changes:
Lateral move in same field
Promotion in same field
Similar role at different company
Risky job changes:
Different industry
Different job function
Significantly different duties
What to keep:
Original job offer letter
PERM and I-140 documents
New job offer letter with detailed duties
Supplement J (if filed)
Any USCIS correspondence
What new employer should provide:
Detailed offer letter
Job description matching original PERM
Confirmation of permanent, full-time position
180-Day Calculator: Track your I-485 pending time and know when portability kicks in.
Same/Similar Analysis: Compare new job to original PERM job for compatibility assessment.
I-140 Status Tracker: Understand your I-140 status and implications for portability.
Documentation Checklist: Ensure you have everything needed for AC21 job change.
Factor | Before 180 Days | After 180 Days |
Can change jobs? | Risky—may lose I-485 | Yes (same/similar job) |
New PERM required? | Likely yes | No |
Priority date | May be lost | Protected (if I-140 approved 180+ days) |
I-485 continues? | Uncertain | Yes (if requirements met) |
Considering a job change during your green card process? Want to know if AC21 portability applies to your situation?
Take the OpenSphere evaluation. You'll get AC21 eligibility assessment and job change guidance.
What is AC21?
Legislation passed in 2000 that allows green card applicants to change employers without abandoning their pending I-485.
The key provision (Section 106(c)):
If I-485 has been pending 180+ days, applicant can change to "same or similar" job without affecting green card eligibility.
Why it matters:
Before AC21, changing employers meant:
Withdrawing I-485
New employer filing new PERM
New I-140
Starting over (losing years of waiting)
With AC21:
Keep pending I-485
Keep priority date
New employer doesn't need new PERM or I-140
Process continues
Requirement 1: I-485 Pending 180+ Days
The countdown:
Starts when USCIS receives your I-485
Must reach 180 days before you change jobs
Calendar days, not business days
Important: If you change jobs before 180 days, you likely lose your green card case.
Requirement 2: "Same or Similar" Occupation
What "same or similar" means:
New job must be in same or similar occupational classification as the job listed on your PERM/I-140.
Same job:
Identical job title and duties
Same employer, just different location
Promotion within same field
Similar job:
Same occupational classification (SOC code)
Substantially similar duties
Same field and general skill level
Examples of "same or similar":
Software Engineer → Senior Software Engineer ✓
Software Engineer → Software Architect ✓
Software Engineer → Engineering Manager ✓
Data Scientist → Machine Learning Engineer ✓
Software Engineer → Product Manager ✗ (different classification)
Software Engineer → Marketing Manager ✗ (different field)
Requirement 3: I-140 Status
Best case: I-140 already approved
If I-140 is approved:
Portability is straightforward
Old employer can't directly affect your case
Safest position for job change
If I-140 is pending:
Technically can still port
But I-140 must eventually be approved
If I-140 is denied, I-485 may fail
If employer withdraws I-140:
After 180 days of I-140 approval: You're protected
Before 180 days of I-140 approval: Riskier
Consult attorney for specific situation
Step 1: Verify you meet requirements
I-485 pending 180+ days? ✓
New job same/similar to PERM job? ✓
I-140 approved (or pending with reasonable chance)? ✓
Step 2: Accept new job offer
Ensure job duties align with "same or similar" requirement
Get detailed offer letter describing position
Step 3: Notify USCIS (optional but recommended)
Option A: File Supplement J
I-485 Supplement J documents your new job
Shows USCIS you're porting
Not technically required but recommended
Option B: Wait until interview
Bring job change documentation to interview
Explain portability
Riskier but acceptable
Step 4: Continue green card process
Attend any scheduled appointments
Respond to any USCIS requests
Green card approved based on continuing eligibility
Separate from AC21 job portability:
If I-140 has been approved 180+ days, your priority date is "portable"—it can be used for future green card petitions even if original I-140 is withdrawn.
Why this matters:
If you leave employer and they withdraw I-140:
After 180 days approved: You keep priority date
Before 180 days approved: You may lose priority date
Best practice: Wait until I-140 has been approved 180+ days before changing jobs if possible.
Can employer withdraw I-140?
Yes, at any time.
Effect of withdrawal:
If I-140 approved 180+ days:
You keep priority date
I-485 continues processing
Minimal impact (for AC21 purposes)
If I-140 approved less than 180 days:
Priority date may be lost
I-485 may be affected
More complex—consult attorney
If I-140 still pending when withdrawn:
I-140 will be denied/abandoned
I-485 may fail if no approved I-140
Very risky situation
Scenario 1: Laid off after 200 days pending
Situation: Your I-485 has been pending 200 days. You're laid off. You quickly find new job in same field.
Analysis:
200 days > 180 days ✓
New job same/similar ✓
Portability applies ✓
Action:
Accept new job
File Supplement J
Continue green card process
Scenario 2: Better opportunity after 1 year pending
Situation: I-485 pending 14 months. You get offer for better-paying job in same field. Current employer doesn't want you to leave.
Analysis:
14 months > 180 days ✓
Same/similar job ✓
You have right to port ✓
Action:
Accept new job
Notify USCIS
Employer may withdraw I-140 (but you're protected after 180 days approved)
Scenario 3: Change jobs before 180 days
Situation: I-485 pending 90 days. You want to change jobs.
Analysis:
90 days < 180 days ✗
Portability does NOT apply
Options:
Wait until 180 days to change jobs
Change jobs and risk losing I-485
Consult attorney for specific circumstances
Scenario 4: Career change (different field)
Situation: I-485 pending 200 days. You want to switch from engineering to sales.
Analysis:
200 days > 180 days ✓
But new job is NOT same/similar ✗
Reality:
AC21 doesn't apply to different occupations
This job change would likely abandon your green card
Would need new PERM in new field
USCIS guidance:
Same SOC code is strong evidence of "same or similar"
But same SOC isn't strictly required
Focus on job duties, requirements, and field
Factors USCIS considers:
Job duties substantially similar?
Same industry/field?
Same skill level and requirements?
Same occupational classification?
Safe job changes:
Lateral move in same field
Promotion in same field
Similar role at different company
Risky job changes:
Different industry
Different job function
Significantly different duties
What to keep:
Original job offer letter
PERM and I-140 documents
New job offer letter with detailed duties
Supplement J (if filed)
Any USCIS correspondence
What new employer should provide:
Detailed offer letter
Job description matching original PERM
Confirmation of permanent, full-time position
180-Day Calculator: Track your I-485 pending time and know when portability kicks in.
Same/Similar Analysis: Compare new job to original PERM job for compatibility assessment.
I-140 Status Tracker: Understand your I-140 status and implications for portability.
Documentation Checklist: Ensure you have everything needed for AC21 job change.
Factor | Before 180 Days | After 180 Days |
Can change jobs? | Risky—may lose I-485 | Yes (same/similar job) |
New PERM required? | Likely yes | No |
Priority date | May be lost | Protected (if I-140 approved 180+ days) |
I-485 continues? | Uncertain | Yes (if requirements met) |
Considering a job change during your green card process? Want to know if AC21 portability applies to your situation?
Take the OpenSphere evaluation. You'll get AC21 eligibility assessment and job change guidance.
1. When does the 180-day clock start?
When USCIS receives your I-485. Check receipt date on I-797C.
2. Do I have to notify USCIS of job change?
Technically optional, but strongly recommended. File Supplement J or inform at interview.
3. Can I change jobs multiple times using AC21?
Yes, as long as each new job is "same or similar."
4. What if my new job pays less?
Generally okay as long as job is same/similar. Salary isn't the key factor.
5. Can I use AC21 for self-employment?
Complex. Self-employment must be in same/similar occupation and meet other requirements. Consult attorney.
6. What happens if employer withdraws I-140?
If I-140 was approved 180+ days, you're generally protected. If less, consult attorney.
7. Does AC21 apply to EB-1A or NIW?
AC21 is most relevant for employer-sponsored cases. EB-1A and NIW are self-petitioned, so employer portability is less relevant.
8. Can I be unemployed during AC21 job change?
Short gaps are generally okay. Extended unemployment may raise concerns.
9. What if USCIS disagrees that jobs are "same or similar"?
You may receive RFE asking for documentation. Strong job description match is important.
10. Do I need new employer's support for AC21?
New employer provides offer letter but doesn't file anything. It's not like new PERM sponsorship.
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