Changing Employers or Job Offers Under the AC21 Portability Rule
Backlogs and long processing times are a common challenge in the U.S. immigration process. Having an I-485 application pending for more than six months can feel overwhelming—especially if you are considering a job change. Fortunately, the AC21 Portability Rule and Form I-485, Supplement J provide applicants with flexibility, reducing some of the stress during this uncertain period.
What Is the AC21 Portability Rule?
According to U.S. Citizenship and Immigration Services (USCIS), “porting” means preserving eligibility for a green card when transitioning from one job or employer to another, without the need to file a new Form I-140 (Immigrant Petition for Alien Worker).
The AC21 Portability Rule, established under the American Competitiveness in the Twenty-First Century Act of 2000, allows applicants whose I-485 has been pending for 180 days or more to transfer their application to a new job or employer. The primary condition is that the new job must fall under the same or similar occupational classification as the original one.
AC21 Portability Rule Requirements
To initiate the porting process, applicants must submit Form I-485 Supplement J. This form verifies the validity of the new job offer and requires signatures from both the employer and the applicant. USCIS uses this form to confirm that a bona fide employment opportunity exists.
Criteria for Eligible Job Transfers
When determining whether a new job qualifies as “same or similar,” USCIS evaluates a wide range of factors, including:
- DOL Standard Occupational Classification (SOC) System: Occupations are grouped by codes that reflect similar skills, duties, and training.
- Bureau of Labor Statistics (BLS) Resources: The Occupational Outlook Handbook and Occupational Employment Statistics database help USCIS assess comparability.
- Job Responsibilities: The actual duties of both positions are compared.
- Qualifications: Education, licenses, certifications, and training required.
- Compensation: Wages and salary structures are evaluated.
- Other Factors: Geographic location, promotions, raises, mergers, or whether the role shifts from a for-profit to a non-profit employer.
Importantly, having the same SOC code alone does not guarantee that USCIS will treat the two jobs as the same or similar. Officers consider the entire context before making a decision.
How Does the Rule Apply to Promotions?
Promotions can complicate portability, but they do not automatically disqualify an applicant.
- If you move to a higher-level but related position, USCIS will analyze whether the new role still aligns with your original occupation.
- For managerial or supervisory roles, if the new job involves overseeing positions within the same or similar occupational classification, USCIS may view this as favorable evidence.
When Should I Notify USCIS of a Job Change?
After successfully porting to a new position, it is essential to notify USCIS. Applicants are encouraged to file their notification:
- After starting work with the new employer,
- Or in response to a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
The general process includes:
- Filing Supplement J to request AC21 portability of the I-485 adjustment of status.
- USCIS reviewing and approving eligibility.
- Filing an AC21 notification to confirm compliance.
Following these steps properly helps applicants avoid delays, RFEs, or potential denials.
Why Work With an Immigration Attorney?
While the AC21 Portability Rule offers valuable flexibility, navigating the requirements can be complex. To maximize your chances of success, it is wise to consult with an immigration attorney at Green Card Link. Experienced immigration attorneys at Green Card Link carefully review your documentation, evaluate job descriptions, and ensure your case is presented clearly to USCIS. This professional guidance helps reduce the risk of unnecessary setbacks.
How Green Card Link Can Help
At Green Card Link, its immigration attorneys have extensive experience with employment-based immigration cases, including:
- Filing Form I-485 applications
- Porting pending I-485s to new employers
- Responding to RFEs and NOIDs
- Advising on job changes and promotions under AC21
If you are facing a job change while your green card application is pending, the immigration attorneys at Green Card Link can provide tailored advice and representation to protect your immigration status and help you move forward with confidence.
👉 Contact Green Card Link today to schedule a consultation with an experienced immigration attorney.