The American Competitiveness in the 21st Century Act of 2000 (“AC-21”) was a law passed by Congress that created H-1B “portability.” This law allowed certain individuals who were in valid H-1B status with one company to begin employment with a new company, upon the filing of a new H-1B petition, rather than waiting for the new petition to be approved, provided that:

(A) The individual was lawfully admitted into the U.S.;

(B) The new company filed a non-frivolous H-1B petition for new employment before the expiration date of the individual’s authorized H-1B period of stay; and

(C) After admission, the individual was employed under valid work authorization.

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