The H-1B visa is a popular work visa in the United States that allows employers to hire foreign workers in specialty occupations. Under the American Competitiveness in the Twenty-First Century Act (AC21), there are two important provisions—AC21 106(a) and AC21 104(c)—that deal with extending H-1B visas beyond the standard six-year limit. Here’s a simple breakdown:
AC21 106(a) – One-Year Extensions
- Who it’s for: This provision is for H-1B workers who are waiting for their green card (permanent residency) application to be processed but have been stuck in the process due to delays.
- How it works: If you have a green card application (specifically, an I-140 petition) that has been pending for 365 days or more, you can extend your H-1B status one year at a time beyond the six-year limit.
- Why it matters: This extension is useful for people whose green card process is taking a long time due to backlogs in the system, especially if they’re from countries with high demand for green cards like India or China.
AC21 104(c) – Three-Year Extensions
- Who it’s for: This provision is also for H-1B workers with a green card application, but it applies specifically to those whose I-140 petition has been approved but cannot proceed to the next step of the green card process (adjustment of status) due to waiting for their priority date to become current.
- How it works: If your I-140 petition has been approved and you’re waiting for your priority date (basically your place in line for a green card), you can extend your H-1B status in three-year increments beyond the six-year limit.
- Why it matters: This provision provides more stability since it allows for a longer extension period (three years) compared to the one-year extensions under 106(a).
In Summary:
- AC21 106(a) is like getting a one-year extension on your H-1B visa if your green card application is delayed.
- AC21 104(c) allows for a three-year extension if your green card application has been approved but you’re still waiting for your spot to be available.
The key difference is that 106(a) is more about waiting during the early stages of the green card process, while 104(c) is for those who are further along but still facing delays due to the quota system.
Last Revision: 2024-10-4