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Immigration Tip:  AC21 Portability Letter

Immigration Tip: AC21 Portability Letter

By Murali Bashyam
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Under AC21, an employee can 'port' to a new employer and retain their 'green card' application if their 1) I-140 has been approved, 2) I-485 adjustment has been pending for over 180 days, and 3) new job is the same or similar to the one listed in their labor certification or I-140 application.

We have often been asked whether the new employer should proactively send an employment confirmation letter confirming the above to the United States Citizenship and Immigration Service (USCIS.)  This is often known as the AC21 portability letter.

We believe that it is always good practice to send this letter to the USCIS once employment has been changed.  The Texas Service Center (TSC) recently said that although there is not an affirmative requirement to provide such notification to USCIS, if you want to provide an AC21 letter confiming change of employment to send the letter to the I-485 post office box address at TSC: P.O. Box 851804, Mesquite, Texas 75185-1804.

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