The recent halt in green card processing by the Trump administration, including the suspension of adjustment-of-status petitions, has sparked widespread anxiety among H-1B visa holders. Many of these skilled professionals rely on provisions under the American Competitiveness in the 21st Century Act (AC21) to legally extend their stay in the United States beyond the standard six-year limit.
AC21 is designed to allow H-1B workers to remain employed in the U.S. while their green card applications are under review. The law provides two critical extensions:
A one-year extension if the green card application has been pending for at least 365 days.
A three-year extension if the applicant’s I-140 has been approved, but the priority date is not yet current.
However, with processing currently paused, many fear that their applications may not meet the necessary 365-day benchmark in time, putting them at risk of ineligibility for an extension—despite otherwise qualifying. If these timelines aren’t met, applicants may face forced departure from the country.
To complicate matters, the U.S. Citizenship and Immigration Services (USCIS) has reportedly adopted a more stringent adjudication process. Increased issuance of Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and extended processing delays are contributing to heightened uncertainty for both applicants and employers.
Some companies are now urging caution. “My manager advised me not to travel until my green card is approved,” shared Priyansh Kumar, an H-1B tech professional in Silicon Valley. “With today’s restrictions, I’m worried I won’t be allowed back into the country if I leave.”
Dinesh Makkula, a consultant, expressed concern for those relying on the one-year AC21 extension. “If their green card isn’t processed before the deadline, they could be forced to leave the U.S. and return to their home country—even after years of contributing to the American workforce.”
While AC21 remains federal law and cannot be nullified by executive order, its effectiveness hinges on timely green card petition processing. Without that, the statute’s protections become essentially unusable—leaving thousands of highly skilled immigrants and their families in limbo, and potentially disrupting industries that rely on this talent pipeline.
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