Gemelli Employment Law logo
Gemelli Employment Law logo
Adjustment of Status
Update on Adjustment of Status Portability under AC21

Update on Adjustment of Status Portability under AC21

Under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21), a foreign national who has an approved I-140 petition and whose Adjustment of Status application has been filed and has remained unadjudicated for 180 days or more may accept a job with a new employer, or accept a different job with the same employer, as long as the new job is in the same or a similar occupational classification as the job for which the I-140 petition was originally filed.  This ability to move between the same or similar positions is referred to “portability.”