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180-Day Portability Regulation

180 day portability ruleSection 106(c) if the American Competitiveness Act for the 21st Century of 2000 (AC-21) specifies that if a person has submitted an application for adjustment of status and is under one of the Employment-Based preference categories, he can change jobs and will be able to adjust his status to a permanent resident if the new job is in the same or a similar occupation and his application for adjustment of status has been pending over 180 days (six months).

In other words, It is no longer required that a person stay with their initial employer for 180 days or more after the I-485 (adjustment application) is submitted. It is however, most important that the I-485 application not be decided during the first 180 days after submission, and also, that the I-140 be approved.

The resources below will assistance you to better comprehend the how this rule works:


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  • Green Cards Through Employment, PERM, I140, EB1, EB2, EB3, NIW, I485

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