Employment-based immigrants often hear about the AC21 180-Day Rule but don’t always know how strongly it can protect their green card process when jobs or employers change. This rule, based on the American Competitiveness in the 21st Century Act (AC21), gives many workers the chance to change employers or move into new roles without losing their place in line for a green card, as long as certain conditions are met.
For people whose Form I-485 (Application to Register Permanent Residence or Adjust Status) and Form I-140 (Immigrant Petition for Alien Worker) are tied to a single employer, this protection can be the difference between long-term stability and having to start everything again from zero.
Core idea of the AC21 180-Day Rule
At its heart, the AC21 180-Day Rule allows some employment-based green card applicants to “port” or transfer their permanent residence process to a new job when all of the following are true:
- Their Form I-485 (Application to Register Permanent Residence or Adjust Status) has been pending for at least 180 days,
- Their Form I-140 (Immigrant Petition for Alien Worker) is approved or at least approvable at the time of filing, and
- The new job is in the same or similar occupational classification as the job listed in the I-140.
When these conditions are met, the person can usually keep their priority date, continue to use their EAD and Advance Parole, and avoid restarting the green card process from the beginning with a new employer.
USCIS explains this job portability in its official guidance on job portability for adjustment of status applicants, which you can find on the USCIS Green Card job portability page.
Key takeaway: If your I-485 has been pending 180+ days and your I-140 is approved or approvable, AC21 can let you change jobs without losing your green card progress — provided the new job is the same or similar.
Who can benefit from the 180-Day Rule
The AC21 180-Day Rule is mainly for employment-based applicants who:
- Filed Form I-485 inside the 🇺🇸 United States
- Are in an employment-based preference category (for example, EB‑1, EB‑2, or EB‑3)
- Have an approved or approvable Form I-140 based on a specific permanent job offer
- Have had their I-485 pending for at least 180 days with USCIS
Common applicant profiles include:
- Software engineers and IT workers whose projects or employers change
- Healthcare professionals moving between hospitals or clinics
- Researchers and scientists shifting between labs or universities
- Managers and professionals facing company mergers, layoffs, or business closures
According to analysis by VisaVerge.com, this rule has become especially important for workers from high-demand countries like India and China, where green card backlogs mean I-485 applications can remain pending for years.
Detailed eligibility: breaking down each requirement
1. Form I-485 must be pending 180 days
- The 180-day clock starts from the USCIS receipt date of the I-485 — not the date printed on an approval notice or the date an attorney mailed it.
- After 180 days of pending time, the I-485 becomes portable under AC21.
If you change employers before the 180-day mark, risks include:
- USCIS may deny the I-485 if the original job offer no longer exists, or
- Your former employer may withdraw the I-140, which could end the pending I-485.
Avoid changing jobs before 180 days of I-485 pending. If you do, the I-485 may be denied or the I-140 withdrawn—risks rise if job similarity or offer details aren’t solid.
Once the I-485 crosses 180 days, the rule provides much greater safety and flexibility.
2. Form I-140 must be approved or approvable
- The Form I-140 must either be approved or be demonstrably approvable at the time it was filed.
- In practice, most applicants relying on AC21 have an approved I-140.
Benefits and protections:
- After the I-485 has been pending 180 days, an approved I-140 usually cannot be revoked by the employer solely to block your green card path.
- Even if the employer withdraws the petition, the I-140 can often still support portability and allow you to keep your priority date.
3. New job must be in the same or similar occupation
USCIS evaluates job similarity by considering:
- Standard Occupational Classification (SOC) codes
- Job duties and responsibilities
- Required education and skills
- Level of seniority or leadership
Examples:
- A software developer moving to a senior software engineer role at another tech company usually fits “same or similar.”
- A nurse changing from a hospital job to a clinic job is often fine, if duties remain similar.
- A move from a pure engineering job to a full-time sales role might not qualify because core duties differ.
Promotions are allowed if the core field and skill set remain similar (e.g., Mechanical Engineer → Engineering Manager may qualify if the work remains technical and within engineering).
Required documentation to support AC21 portability
Prepare and keep organized copies of:
- I-485 receipt notice showing the receipt date
- I-140 approval notice (or proof it was approvable)
- Old job offer letter or labor certification describing duties and wage
- New job offer letter from the new employer showing:
- Job title
- Job description
- Salary
- Work location
- Resume and work history demonstrating continuity in the same field
- Any internal HR descriptions or organizational charts that show role similarity
Many applicants or their attorneys notify USCIS of the job change with a written letter and, in some cases, Supplement J (to confirm a job offer related to an I-485). The exact strategy depends on case history and timing.
How the application process works in practice
- PERM and I-140 step
- Employer completes the PERM labor certification (if required) and files Form I-140.
- Once USCIS approves the I-140, you gain a priority date.
- Filing Form I-485
- When your priority date becomes current under the Visa Bulletin and you’re in the 🇺🇸 United States, you file Form I-485.
- You may also file for EAD and Advance Parole to work and travel while waiting.
- 180-day waiting period
- Once USCIS receives the I-485, the 180-day clock starts.
- During this time, it is safest to stay with the sponsoring employer if possible.
- Reaching the 180-day mark
- After the I-485 has been pending 180 days and the I-140 is approved or approvable, you can change employers under AC21, provided the new job is same or similar.
- You keep using your existing EAD and Advance Parole; you don’t need to renew them through the new employer.
- Notifying USCIS about the new job
- Many applicants send a packet with:
- Cover letter citing the AC21 180-Day Rule
- Copy of old and new job descriptions
- Evidence of I-140 approval and I-485 receipt
- Some cases also use Supplement J to formally confirm the new job offer.
- Many applicants send a packet with:
- Final green card decision
- A USCIS officer reviews your I-485.
- If they accept that the new job qualifies under AC21, they can approve the green card based on the new offer, even if the original sponsoring employer no longer employs you.
Practical tips to safely use the 180-Day Rule
Track your 180-day date carefully
- Mark the I-485 receipt date and count 180 days from that exact day.
- Avoid resigning or accepting a new job offer before reaching that date unless you’ve spoken with an experienced immigration lawyer.
Mark the 180-day clock from the I-485 receipt date and keep using your EAD and Advance Parole. Renew them early and track dates to prevent gaps during the porting process.
Keep strong proof of job similarity
- Ask the new employer to match the job title and core duties as closely as possible to your I-140 role.
- Request a detailed offer letter that clearly lists duties, tools, and skills.
- Avoid major shifts in field (for example, engineering → marketing) while your I-485 is pending.
Understand the risk of employer withdrawal
- Before the I-485 hits 180 days:
- If the employer withdraws the Form I-140, USCIS can often deny the I-485.
- After the I-485 has been pending 180 days:
- A later withdrawal usually does not stop portability, and the I-140 can often still support the green card process.
Use EAD and Advance Parole wisely
- Once your I-485 is pending, your EAD lets you work and Advance Parole lets you travel.
- Under AC21, you may keep using these documents even after changing jobs, as long as your I-485 remains pending and you still have a qualifying job offer.
- Always check validity dates and submit renewals early to avoid gaps.
Get legal advice for complex cases
Seek personal legal advice if:
– Your new job is only loosely related to the old one
– There were earlier issues with your Form I-140 or PERM
– You have gaps in status or past immigration violations
– Your employer is hostile and threatening to withdraw support early
Final thoughts
The AC21 180-Day Rule, when used carefully, can turn a fragile, employer‑dependent process into a much more stable path toward permanent residence in the 🇺🇸 United States. Understanding how Form I-485, Form I-140, and job portability fit together helps you make smarter decisions about job offers, layoffs, promotions, and long-term career growth while your green card is still in progress.
The AC21 180-Day Rule enables many employment-based green card applicants to change employers without restarting their green card if three conditions are met: the I-485 has been pending at least 180 days, the I-140 is approved or approvable, and the new job is the same or similar occupational classification. Proper documentation—I-485 receipt, I-140 approval, old and new job offers, and job descriptions—supports portability. When used correctly, AC21 preserves priority dates and allows continued use of EAD and Advance Parole.
