F-1 and H-1B Rules

Rules we track

Rules that have changed recently or are being challenged. Status shown as of November 09, 2026.

$100,000 payment for certain new H-1B petitions (Proclamation 10973)

BLOCKED by a court, appeal pending

A presidential proclamation restricts entry of H-1B workers from outside the US unless the new petition is accompanied by a $100,000 payment. It does not apply when a change of status, amendment or extension is granted for someone inside the US (it does if that request is denied), or to renewals.

Key dates and sources
  • IN EFFECT. Takes effect 12:01 a.m. EDT Sept 21, 2025, for 12 months. Source
  • IN EFFECT. D.D.C. upholds the proclamation and enters judgment for the government (Chamber of Commerce v. DHS). Source
  • IN EFFECT. Plaintiffs appeal to the D.C. Circuit (No. 25-5473); argued March 9, 2026, no decision yet. Source
  • BLOCKED by a court. D. Mass. vacates the agency guidance implementing the $100,000 payment (California v. Mullin). The proclamation itself was not struck down. Source
  • BLOCKED by a court. First Circuit denies a stay (No. 26-1699). DHS says it will comply with the order while it considers next steps, and would collect the payment if the order is lifted. Source
  • BLOCKED by a court. Proclamation 11069 extends the restriction until Sept 21, 2027. USCIS has not said the June 8 order stopped applying, so the payment is still not being collected; check the USCIS H-1B page before relying on this. Source

Status last verified 2026-11-01

24-month STEM OPT extension

IN EFFECT

F-1 students with a qualifying STEM degree can extend post-completion OPT by 24 months, working for an E-Verify employer under a Form I-983 training plan.

Key dates and sources
  • FINAL, NOT YET IN EFFECT, effective May 10, 2016. Final rule replaces the 17-month STEM extension with a 24-month extension. Source

Status last verified 2026-11-01

Beneficiary-centric H-1B selection

IN EFFECT

The H-1B lottery selects by unique beneficiary, so a person registered by several employers has one chance of selection, not one per registration.

Key dates and sources
  • FINAL, NOT YET IN EFFECT, effective Mar 04, 2024. Final rule; first used for the FY 2025 cap season. Source

Status last verified 2026-11-01

Cap-gap extension of F-1 status and work authorization

IN EFFECT

An F-1 student whose employer timely files a cap-subject H-1B change-of-status petition keeps F-1 status and OPT work authorization while the petition is pending, up to a fixed date in the fiscal year.

Key dates and sources
  • IN EFFECT. Interim final rule (73 FR 18944) extends cap-gap relief to all F-1 students with a pending cap-subject H-1B petition, until October 1. Source
  • IN EFFECT. STEM OPT final rule carries cap-gap forward: status and work authorization extended until October 1. Source
  • IN EFFECT. H-1B modernization rule extends cap-gap until April 1 of the fiscal year, instead of October 1 (now 8 CFR 214.2(f)(5)(vii)). Source

Status last verified 2026-11-01

End of automatic EAD extensions for timely renewals

IN EFFECT

Ends the automatic extension of expiring Employment Authorization Documents for certain categories while a timely filed renewal is pending (8 CFR 274a.13(d)).

Key dates and sources
  • IN EFFECT. Interim final rule, effective on publication, for renewals filed on or after Oct 30, 2025. Source
  • IN EFFECT. Final rule adopts the interim rule. It does not change the separate STEM OPT extension-while-pending provision in 8 CFR 214.2(f)(11). Source

Status last verified 2026-11-01

F-1/J-1 duration of status replaced by fixed admission periods

POSTPONED by a court, appeal pending

Would admit F, J and I nonimmigrants for a fixed period (generally up to 4 years) instead of duration of status, with extensions requested from USCIS.

Key dates and sources
  • PROPOSED (not law). Proposed rule. Source
  • FINAL, NOT YET IN EFFECT, effective Sep 15, 2026. Final rule. Source
  • POSTPONED by a court. D. Mass. postpones the effective date under APA section 705 while the case proceeds (Presidents' Alliance v. DHS). The eCFR nonetheless shows the new text from Sept 15, 2026. Source
  • POSTPONED by a court. Government appeals to the First Circuit (No. 26-2112). Source

Status last verified 2026-11-01

H-1B modernization rule (2024)

IN EFFECT

Revises the specialty occupation definition, cap-exempt employer criteria and other H-1B rules, and extends cap-gap to April 1.

Key dates and sources
  • FINAL, NOT YET IN EFFECT, effective Jan 17, 2025. Final rule. Source

Status last verified 2026-11-01

H-1B registration fee

IN EFFECT

The fee an employer pays for each H-1B cap registration.

Key dates and sources
  • FINAL, NOT YET IN EFFECT, effective Apr 01, 2024. USCIS fee rule raises the H-1B registration fee from $10 to $215, starting with registrations for the FY 2026 cap season (8 CFR 106.2(c)(11)). Source

Status last verified 2026-11-01

Proposed fee on cap-subject H-1B petitions

PROPOSED (not law)

Would add a $103,265 fee to every cap-subject H-1B petition, including advanced-degree cases. Separate from the $100,000 proclamation payment.

Key dates and sources
  • PROPOSED (not law). Proposed rule; comments closed Sept 24, 2026. A correction was published Sept 10, 2026. Source

Status last verified 2026-11-01

Proposed fees for Optional Practical Training

PROPOSED (not law)

Would charge F-1 students $70,000 for initial OPT and $30,000 for a later period of OPT.

Key dates and sources
  • PROPOSED (not law). Proposed rule; comments accepted until Nov 9, 2026. Source

Status last verified 2026-11-01

Proposed higher prevailing wage levels (DOL)

PROPOSED (not law)

Would raise the prevailing wage levels used for H-1B labor condition applications, which also changes what each wage level means for weighted selection.

Key dates and sources
  • PROPOSED (not law). Proposed rule. Source

Status last verified 2026-11-01

Proposed removal of the 60-day grace period after job loss

PROPOSED (not law)

Would remove the discretionary grace period of up to 60 days (8 CFR 214.1(l)(2)) that H-1B and certain other workers get after their employment ends.

Key dates and sources
  • PROPOSED (not law). Proposed rule. The current grace period still applies. Source

Status last verified 2026-11-01

USCIS fee schedule (2024)

IN EFFECT

The current USCIS fees for forms such as I-765, I-129 and H-1B registration (8 CFR 106.2).

Key dates and sources
  • FINAL, NOT YET IN EFFECT, effective Apr 01, 2024. Final rule sets the current fee schedule. Later 2026 amendments to 8 CFR 106.2 (asylum fees, a $25 e-filing waiver fee, the 9-11 Biometric Fee rule effective Sept 9, 2026) are not tracked separately. Source

Status last verified 2026-11-01

Unemployment limit on post-completion OPT and STEM OPT

IN EFFECT

An F-1 student on post-completion OPT may be unemployed for no more than 90 days in total, and no more than 150 days in total if the OPT includes a 24-month STEM OPT extension.

Key dates and sources
  • IN EFFECT. Interim final rule (73 FR 18944) sets a 90-day unemployment limit on post-completion OPT, 120 days in total with the 17-month STEM extension. Source
  • IN EFFECT. 90 days on initial post-completion OPT; 150 days in total for students with a 24-month STEM OPT extension (8 CFR 214.2(f)(10)(ii)(E)). Source

Status last verified 2026-11-01

Wage-level-weighted H-1B selection

IN EFFECT

When the lottery is needed, registrations are weighted by the OEWS wage level of the job offer: level IV entered four times, level III three, level II twice, level I once.

Key dates and sources
  • PROPOSED (not law). Proposed rule. Source
  • FINAL, NOT YET IN EFFECT, effective Feb 27, 2026. Final rule; first used for the FY 2027 cap season. Source

Status last verified 2026-11-01