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USCIS & Department of State Compliance Directory (2026)

US Visa & Immigration Rules

Explaining current U.S. immigration rules and procedures for workers, students, and family-based and employment-based immigrants using USCIS, Department of State, DHS, and other official U.S. government guidance.

Core Immigration Framework

💼 H-1B Specialty Occupation Rules

The H-1B classification under INA § 101(a)(15)(H)(i)(b) is available for qualifying specialty-occupation employment. The standard numerical cap is generally 65,000 H-1B numbers, plus a 20,000 exemption for qualifying beneficiaries with U.S. master's degrees or higher. Certain employers and petitions are exempt from the numerical cap. Under 8 CFR § 214.1(l)(2), qualifying H-1B workers may receive a grace period of up to 60 consecutive days, or until the end of the authorized validity period, whichever is shorter.

🎓 F-1 Student OPT & STEM Extension Rules

Eligible F-1 students may receive up to 12 months of post-completion OPT. Qualifying students with eligible STEM degrees may receive a 24-month STEM OPT extension, allowing up to 36 months of post-completion OPT and STEM OPT combined. FICA treatment depends on the student's U.S. tax-residency status and whether the employment is authorized and connected to the purpose of the F-1 classification; eligible nonresident F-1 students may receive the applicable Social Security and Medicare tax exemption.

📁 Green Card Backlogs & Priority Dates

Employment- and family-based immigrant visa availability is affected by statutory annual limits, preference categories, and per-country limits. The Visa Bulletin publishes both Final Action Dates and Dates for Filing. For adjustment of status, USCIS announces which chart applicants must use each month. Applicants must therefore check the current Visa Bulletin and USCIS filing-chart determination rather than relying on a fixed rule that every I-485 must wait for the Final Action Date.

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Frequently Asked Questions (FAQ)

The H-1B cap generally includes 65,000 regular cap numbers plus 20,000 numbers reserved for beneficiaries with a qualifying U.S. master's degree or higher from a U.S. institution of higher education. Certain H-1B petitions are cap-exempt.

An H-1B worker generally receives a discretionary grace period of up to 60 consecutive days after employment cessation, or until the end of the current authorized validity period, whichever is shorter. During the grace period, the worker may seek qualifying employment, change status where eligible, or depart the United States.

Eligible F-1 students may receive up to 12 months of post-completion OPT. Qualifying students with eligible STEM degrees may receive a 24-month STEM OPT extension, allowing up to 36 months of post-completion OPT and STEM OPT combined. FICA treatment depends on the student's U.S. tax-residency status and whether the employment is authorized and connected to the purpose of the F-1 classification; eligible nonresident F-1 students may receive the applicable Social Security and Medicare tax exemption.

Generally, an F-1 student who remains a nonresident alien for U.S. tax purposes is exempt from Social Security and Medicare taxes on authorized employment, including authorized CPT and OPT, during the applicable period of F-1 student nonresident treatment. The exemption does not apply once the individual becomes a resident alien or to unauthorized employment.

A priority date is generally the date the labor certification application was filed with the Department of Labor when labor certification is required, or the date the immigrant petition was properly filed with USCIS when labor certification is not required. The Visa Bulletin contains both Final Action Dates and Dates for Filing. For Form I-485, applicants must follow the chart USCIS designates for adjustment-of-status filings for that month; the Final Action Date is not always the chart used to file.

Under 8 CFR § 214.2(f)(10)(i), an F-1 student who has engaged in one year or more of full-time Curricular Practical Training is ineligible for post-completion Optional Practical Training at the same educational level. Part-time CPT does not trigger this specific one-year bar.
Official U.S. Government Portals

• USCIS Official Website: uscis.gov
• U.S. Department of State Visa Bulletin: travel.state.gov
• DHS Study in the States: studyinthestates.dhs.gov