#ac21

Tagged #ac21

Every article we've published on this topic, sorted by the agency's own announcement date.

USCIS

H-4 EAD — Eligibility, the Two Filing Bases, and the Save-Jobs-USA Litigation That Refuses to Die

How H-4 spouses of H-1B workers get work authorization — the I-140 approved or AC21 §106(a) basis — and where the long-running Save Jobs USA challenge stands as of the 2025 D.C. Circuit affirmance.

work authorization 6 min
USCIS

AC21 §104(c): The 3-Year H-1B Extension Beyond the 6-Year Cap

When an approved I-140 in an oversubscribed category traps an H-1B worker past year six, AC21 §104(c) provides a 3-year extension. Here is the eligibility test, the documentary record, and the most common denials.

employment based 6 min
USCIS

AC21 §106(a): The 1-Year H-1B Extension on a Pending PERM or I-140

Section 106(a) of AC21 lets H-1B workers extend in one-year increments past the six-year cap if a PERM or I-140 has been pending for 365+ days. Here is the eligibility test and the §104(c) handoff.

employment based 6 min
USCIS

I-140 Portability Under AC21 §106(c): Switching Employers 180 Days After I-485

How AC21 §106(c) and INA §204(j) let an EB beneficiary change jobs once the I-485 has been pending 180 days, what 'same or similar occupation' means, and how Form I-485 Supplement J fits in.

employment based 7 min
USCIS

Managing Visa Retrogression: AC21 H-1B Extensions, CSPA Age-Outs, and Section 204(j) Porting While EB-2 India Sits at 2013

What practitioners and beneficiaries do during a multi-year priority-date wait — H-1B extensions beyond the sixth year under AC21 §§ 104(c) and 106(a), CSPA age-out calculations under INA § 203(h), I-485 portability under INA § 204(j), and reading the DOS Visa Bulletin.

visa bulletin 7 min