H-1B Portability Under AC21: The Complete Guide
The American Competitiveness in the 21st Century Act (AC21) created two of the most important protections for H-1B workers: the right to change employers mid-application and the right to keep your priority date when you switch. Together, these are known as "H-1B portability." Understanding them is essential if you plan to change jobs while in H-1B status.
Frequently asked questions
What is H-1B portability under AC21?
AC21 H-1B portability has two parts: (1) Section 105 lets you change H-1B employers immediately when a new employer files a petition -- you can start working on the day the petition is received, without waiting for approval. (2) Section 106(c) lets you keep your green card priority date when you change employers, as long as your I-140 was approved for at least 180 days and the new job is in the same or similar occupational classification.
When can I start working for a new employer under H-1B portability?
You can start working for the new employer the day USCIS receives (not approves) the new H-1B petition, as long as the petition was filed while your current H-1B status was still valid. Your evidence of work authorization is the USCIS receipt notice (I-797C), your previous H-1B approval, and your current I-94.
Do I lose my green card priority date if I change employers?
Not necessarily. Under AC21 Section 106(c), you can keep your priority date if your I-140 was approved for at least 180 days before you change employers and the new job is in the same or similar occupational classification. If your I-140 was approved less than 180 days ago, you risk losing the priority date, and your new employer would need to file a new I-140.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration law is complex and situation-specific. Always consult a licensed immigration attorney before making decisions about your immigration status.