Portability Act 180 Days

The American Competitiveness Act for the 21st Century of 2000 allows for an individual to switch jobs and still obtain adjustment of status so long as he or she:

  • Has submitted an application for immigration adjustment of status;
  • Is under an Employment-Based preference category;
  • Wishes to change to a new job in the same or similar occupation as the initial job; AND
  • Has had an adjustment of status application status pending for more than 180 days.

The 180 Portability Rule states that there is no requirement that an individual remain with their initial employer for more than 180 days after the I-485, Application to Register Permanent Residence or Adjust Status is submitted to USCIS. It must be taken into account, however, that the I-485 not be adjudicated during the first 180 days after submission, and that the I-140, Immigrant Petition for Alien Worker submitted by your initial employer be approved.