Memorandum: Supplemental Guidance Relating to Processing Forms I-140 Employment-Based Immigrant Petitions and I-129 H-1B Petitions, and Form I-485 Adjustment Applications Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313), as Amended, and the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA), Title IV of Div. C. of Public Law 105-277   [open pdf - 118KB]

"The purpose of this memorandum is to incorporate certain portions of previously issued guidance into the Adjudicator's Field Manual, as well as to provide additional guidance on adjudication of: (1) H-1B petitions in connection with the extension provisions of AC21 §106(a); (2) H-1B petitions in connection with the extension provisions of AC21 §104(c) for aliens subject to per country visa limitations; (3) H-1B petitions requesting concurrent employment on behalf of certain H-1B cap-exempt aliens; (4) INA § 212(n)(2)(C)(v) Guidance Relating to Changes in Employment by H-1B Aliens who report LCA violations; and (5) I-140 petitions and Form I-485 applications in connection with the portability provisions of AC21 §106(c)."