I thought that everybody in this forum would want to read the below text from a well known attorney
It is correct that there is a new memo that
discusses AC21.
This is the May 12th memo from William Yates. It does mention that it is
possible to get an AC21 case approved through ones own business. I think
that it is important to proceed cautiously when relying upon some of the
more favorable aspects of the memo. The memo is not law and only reflects
current policy. The general sense is that these favorable policies may be
short lived and that regulations might be coming out that would be contrary
to these provisions.
Prior to the memo, people did obtain approvals of AC21 cases through their
own businesses. However, they took steps to involve other individuals within
these businesses and to not specifically draw attention to the fact that
they had an ownership interest in this business. I think that since it is
possible that this favorable interpretation could change, it would be best
not to make long term plans in reliance upon these provisions.
The AC21 requirements are that the new job is the same or similar job
classification to the previous job. It does not have to be the identical job
just within the same or similar classification. The salary can be either
higher or lower. We have had cases where people have actually doubled their
salaries. We have also had cases approved where people have taken
substantial cuts in their salaries due to the economy and other factors. The
salary is reviewed as part of the decision as to whether the job is likely
to be the same or similar. A substantial variance may draw attention to the
case but we have not experienced any specific problems in this area.
We represent many people in connection with AC21 cases. They are not all
sent down to the local office for an interview. We are not finding that we
are experiencing in a substantial portion of these cases. Most of them are
approved on the paperwork but there is always a chance of an interview.
There are always risks in changing employers. However, we do represent many
individuals that do choose to take this path and have had success with these
cases.
It is correct that there is a new memo that
discusses AC21.
This is the May 12th memo from William Yates. It does mention that it is
possible to get an AC21 case approved through ones own business. I think
that it is important to proceed cautiously when relying upon some of the
more favorable aspects of the memo. The memo is not law and only reflects
current policy. The general sense is that these favorable policies may be
short lived and that regulations might be coming out that would be contrary
to these provisions.
Prior to the memo, people did obtain approvals of AC21 cases through their
own businesses. However, they took steps to involve other individuals within
these businesses and to not specifically draw attention to the fact that
they had an ownership interest in this business. I think that since it is
possible that this favorable interpretation could change, it would be best
not to make long term plans in reliance upon these provisions.
The AC21 requirements are that the new job is the same or similar job
classification to the previous job. It does not have to be the identical job
just within the same or similar classification. The salary can be either
higher or lower. We have had cases where people have actually doubled their
salaries. We have also had cases approved where people have taken
substantial cuts in their salaries due to the economy and other factors. The
salary is reviewed as part of the decision as to whether the job is likely
to be the same or similar. A substantial variance may draw attention to the
case but we have not experienced any specific problems in this area.
We represent many people in connection with AC21 cases. They are not all
sent down to the local office for an interview. We are not finding that we
are experiencing in a substantial portion of these cases. Most of them are
approved on the paperwork but there is always a chance of an interview.
There are always risks in changing employers. However, we do represent many
individuals that do choose to take this path and have had success with these
cases.