Job Portability for National Interest Waivers
This technical update to Volume 7 more precisely aligns the guidance with the statutory language at INA 204(j) by clarifying that adjustment applicants whose immigrant petitions are based on a national interest waiver are eligible for portability under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21). However, because their immigrant visas are not tied to a specific job offer, such applicants do not need to file a Confirmation of Valid Job Offer or Request for Job Portability Under INA Section 204(j) ( Form I-485, Supplement J ) if they change jobs.
Key changes
This technical update to Volume 7 more precisely aligns the guidance with the statutory language at INA 204(j) by clarifying that adjustment applicants whose immigrant petitions are based on a national interest waiver are eligible for portability under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21). However, because their immigrant visas are not tied to a specific job offer, such applicants do not need to file a Confirmation of Valid Job Offer or Request for Job Portability Under INA Section 204(j) ( Form I-485, Supplement J ) if they change jobs.
