Glossary · Concepts & rules
AC21 (American Competitiveness in the 21st Century Act)
2000 statute that codified H-1B portability + 1- and 3-year extensions past the 6-year cap for green-card-pending workers.
Three sections matter most. §104(c): 3-year H-1B extensions past the 6-year cap when I-140 is approved AND priority date isn't current. §106(a): 1-year H-1B extensions past 6 when PERM has been pending ≥365 days. §106(b): priority date portability (you keep your I-140-established priority date across employers). All three protect green-card-pending workers from being squeezed out by the H-1B 6-year clock.
Sources & official references
- AC21 §104(c)— 3-year H-1B extensions beyond the 6-year cap for beneficiaries of approved I-140 petitions whose visa numbers have not yet become available.
- AC21 §106(a)— 1-year H-1B extensions beyond the 6-year cap when 365+ days have passed since labor certification (PERM) was filed.
Related terms
I-140 (Immigrant Petition for Alien Worker)
Employer-sponsored green-card petition. Once approved, it locks your priority date and unlocks 3-year H-1B extensions past the 6-year cap.
Priority date
The date your green card application 'started' — determines your wait under USCIS Visa Bulletin.
PERM (Labor Certification)
DOL-approved labor certification — the first step of the employment-based green card process before the I-140.
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