The American Competitiveness in the Twenty-First Century Act (AC 21) includes a crucial provision, Section 106(c), which offers significant benefits to foreign nationals seeking employment-based permanent residency (a green card). This provision, commonly referred to as “adjustment portability,” allows beneficiaries of certain employment-based immigrant visa petitions (I-140) to change employers while their adjustment of status (AOS) application (I-485) is pending. Here's a comprehensive guide on how to use AC 21 106(c) and key considerations to keep in mind.

Understanding AC 21 106(c)

AC 21 Section 106(c) enables foreign nationals to switch employers without restarting the green card process, provided the following conditions are met:

1. I-140 Approval: The I-140 Immigrant Petition for Alien Worker must be approved, or should not have been withdrawn, denied, or revoked.
2. I-485 Application Pending for 180 Days: The I-485 Application to Register Permanent Residence or Adjust Status must have been pending for at least 180 days.
   
   

Steps to Utilize Adjustment Portability

1. Confirm Eligibility
• Ensure that your I-140 petition is approved.
• Verify that your I-485 application has been pending for at least 180 days.
2. New Job Offer in Same or Similar Occupational Classification
• The new job offer must be in the same or similar occupational classification as the original job for which the I-140 was filed.
• Use the Standard Occupational Classification (SOC) codes to determine if the new job falls within the same category.
3. Notify USCIS
• Inform USCIS of the job change by submitting a Supplement J (Form I-485 Supplement J) to confirm the new job offer.
• This form provides evidence that the new job offer is in the same or similar occupational classification.
4. Prepare Documentation
• Gather necessary documents, including the new employer's job offer letter, job description, and evidence of the new position's SOC code.

Key Considerations

1. Timing 
• Ensure that your I-485 has been pending for at least 180 days before changing employers.
• Any job change before this period may jeopardize your green card application.
2. Occupational Classification
• The new job must closely match the job described in the original I-140 petition.
• Significant changes in job duties, title, or SOC code may lead to denial of the green card application.
3. New Employer's Role
• The new employer must be willing to provide necessary documentation and support for the I-485 Supplement J filing.
• Maintain open communication with the new employer regarding the requirements and implications of the adjustment portability process.
4. USCIS Adjudication
• USCIS will review the new job offer and may request additional evidence to determine if the new job is indeed in the same or similar occupational classification.
• Be prepared for possible Requests for Evidence (RFEs) and respond promptly with detailed and accurate information.
5. Legal Advice
• Consulting with an immigration attorney is highly recommended to navigate the complexities of AC 21 106(c) and ensure compliance with USCIS requirements.
• An attorney can assist in preparing and submitting the necessary forms and documentation, as well as addressing any RFEs.

Conclusion

AC 21 Section 106(c) provides a valuable option for foreign nationals to change employers without losing their place in the green card process. By understanding the eligibility requirements, preparing the necessary documentation, and consulting with legal experts, you can effectively use adjustment portability to advance your career while continuing your path to permanent residency in the United States.