H-1B Visa Extensions Beyond the 6-Year Limit (AC21 Provisions Explained)
The H-1B visa allows U.S. employers to hire foreign workers in specialty occupations. Normally, H-1B status is limited to six years, but under the American Competitiveness in the Twenty-First Century Act (AC21), there are two key exceptions that allow extensions beyond this limit:
🕐 AC21 §106(a): One-Year Extensions
Who qualifies:
H-1B workers with a pending green card application (Form I-140 or labor certification) for at least 365 days.
How it works:
You can extend your H-1B one year at a time if your green card process has been delayed.
Why it’s important:
This provision helps individuals stuck in long backlogs, especially from high-demand countries like India and China, stay in valid status while waiting.
🗓️ AC21 §104(c): Three-Year Extensions
Who qualifies:
H-1B workers with an approved I-140 petition but who can’t file for adjustment of status yet because their priority date isn’t current.
How it works:
You may qualify for a three-year H-1B extension beyond the six-year cap.
Why it’s important:
This option offers longer-term stability for those further along in the green card process but still delayed by the quota system.
✅ Quick Comparison
| Provision | Who It’s For | Extension Length | When It Applies |
|---|---|---|---|
| 106(a) | Pending I-140 or PERM for 365+ days | 1 year | Early stage delays |
| 104(c) | Approved I-140, priority date not current | 3 years | Later stage delays |
💡 In Summary:
- 106(a): For workers in the early stages of the green card process—permits 1-year H-1B extensions.
- 104(c): For workers with an approved I-140 still waiting in line—permits 3-year H-1B extensions.
Both options help keep H-1B workers lawfully employed in the U.S. while navigating green card delays.
Last Revision: March 2025.