083: Understanding AC21 Portability – H-1B Extensions and the 180 Day Rule

In this week’s Immigration Law for Tech Startups podcast, I’m joined by my colleague and business immigration attorney, Gilberto Orozco, Jr. as we talk about dive into a very technical area of U.S. immigration law, which is the world of AC21 Portability which has something to do with H-1B’sand green cards.

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We tackle questions we get all the time from people who are looking at transferring jobs in the United States or maybe starting tech companies and wanting to understand the H-1B and green card process.

AC21 stands for the American Competitiveness in the 21st Century Act. It was enacted by Congress in 2000 to stay competitive with H-1Bs. 

Please share this episode with companies, HR and recruiting professionals, startup founders, international talent, or anyone who can benefit from it. Sign up for the Alcorn monthly newsletter to receive the latest immigration news and issues. Reach out to us if we can help you determine the best immigration options for yourself, your company, your employees or prospective employees, or your family whether in the U.S. or abroad.

In this episode, you’ll hear about:

• The purpose of AC21
• 3 basic things that AC21 allows for people
• 2 types of H-1B extensions
• The 365 day rule for one-year extensions
• Requirements for getting a 3-year AC21 extension
• The 180-day portability rule

Don’t miss my upcoming conversations with top Silicon Valley venture capitalists, startup founders, professors, futurists, and thought leaders on Immigration Law for Tech Startups. Subscribe to this podcast here or on Spotify, Apple Podcasts, Google Podcasts, or whatever your favorite platform is. As always, we welcome your rating and review of this podcast. We appreciate your feedback!

Resources:

U.S. Visa Bulletin

Alcorn Immigration Law:

• Subscribe to the monthly Alcorn newsletter
• Immigration Law for Tech Startups podcast:
  • Episode 030: H-1B Nitty Gritty #1: Transfer, Extensions, Amendments in Tech

• • Episode 031: H-1B Nitty Gritty #2: H-1B Transfer for Startup Founders

• • Episode 011: Your Startup’s First H-1B

• Immigration Options for Talent, Investors, and Founders
• Immigration Law for Tech Startups eBook
• Extraordinary Ability Bootcamp course for best practices for securing the O-1A visa, EB-1A green card, or the EB-2 NIW (National Interest Waiver) green card—the top options for startup founders. Use promotion code ILTS for 20% off the enrollment fee.