Every H-1B term, form, and concept — explained.

$100,000 H-1B supplemental fee (Sept 2025 proclamation)

Presidential proclamation creating a $100K fee on certain new H-1B petitions. Does NOT apply to transfers/extensions.

60-day grace period

8 CFR 214.1(l)(2): up to 60 days (or until I-94 expiry, whichever sooner) after your last day worked to file a transfer, change of status, or depart.

AC21 (American Competitiveness in the 21st Century Act)

2000 statute that codified H-1B portability + 1- and 3-year extensions past the 6-year cap for green-card-pending workers.

Cap-exempt employer

Universities, nonprofit research orgs, governmental research orgs, and affiliated nonprofits — file H-1B any day, no lottery, no $100K supplemental fee.

Compelling Circumstances EAD

1-year work authorization for principal beneficiaries of approved I-140s facing compelling circumstances. Heavily under-used.

Concurrent H-1B

Holding two H-1B petitions simultaneously with different employers. The 'insurance' play for currently-employed workers.

CPT (Curricular Practical Training)

F-1 work authorization tied to a specific course requirement or internship — granted by the school, not USCIS.

Day-1 CPT

F-1 graduate programs that authorize CPT (work) from the first day of enrollment. Heavily scrutinized; many flagged by ICE/SEVP.

NTA (Notice to Appear)

The document that initiates removal proceedings in immigration court.

OPT (Optional Practical Training)

12 months of post-completion work authorization on F-1, granted by USCIS via I-765.

Portability (INA §214(n))

You can begin work for a new H-1B employer the day USCIS RECEIVES the I-129 — no need to wait for approval.

Priority date

The date your green card application 'started' — determines your wait under USCIS Visa Bulletin.

RFE (Request for Evidence)

USCIS's request for additional documents/evidence before deciding your case. Has a hard deadline (typically 87 days).

STEM OPT

24-month extension of OPT for F-1 graduates of designated STEM programs employed by E-Verify employers.

Visa retrogression

When the USCIS Visa Bulletin moves backward — your priority date that was current last month isn't current this month.

EAD (Employment Authorization Document)

Open-market work authorization, issued on Form I-765 in various categories (H-4, AOS-pending, Compelling Circumstances).

I-129 (Petition for Nonimmigrant Worker)

Filed by an employer to request, transfer, extend, or amend an H-1B (or other employment nonimmigrant) classification.

I-140 (Immigrant Petition for Alien Worker)

Employer-sponsored green-card petition. Once approved, it locks your priority date and unlocks 3-year H-1B extensions past the 6-year cap.

I-485 (Adjustment of Status)

Files inside the US to convert from nonimmigrant to lawful permanent resident, when your priority date becomes current.

I-539 (Change/Extend Nonimmigrant Status)

The form you file to change from H-1B to H-4, F-1, B-2, or to extend nonimmigrant status without leaving the US.

I-765 (Application for Employment Authorization)

Files for an EAD card. Used for H-4 spouses, Compelling Circumstances EAD, and AOS-pending workers.

I-797 (Notice of Action)

USCIS's official approval/receipt notice. The 'I-797B' is your H-1B approval; you carry it for re-entry.

I-907 (Premium Processing)

Pay USCIS $2,965 for a 15-business-day decision on certain forms (I-129 H-1B, I-539 H-4).

I-94

The arrival/departure record that proves your authorized stay in the US — pulled at i94.cbp.dhs.gov.

LCA (Labor Condition Application)

Form ETA-9035 the employer files with DOL before the I-129. Sets the wage and confirms the work-site location.

PERM (Labor Certification)

DOL-approved labor certification — the first step of the employment-based green card process before the I-140.

B-2 (Visitor)

Tourist/visitor classification. Allows up to 6-month stay for genuine non-employment purposes.

EB-1A (Extraordinary Ability)

Self-petitionable green card category for individuals at the top of their field.

EB-2 NIW (National Interest Waiver)

Self-petitionable EB-2 with the labor certification waived in the national interest.

F-1

Academic-student visa. Allows study + limited work via OPT and CPT.

H-1B

Specialty-occupation work visa. Initial term 3 years, extendable to 6 (and beyond, with mature I-140).

H-4

Dependent classification for spouse + unmarried children under 21 of an H-1B principal.

H-4 EAD

Work authorization for H-4 spouses whose H-1B principal has an approved I-140 pending or older.

L-1

Intra-company transferee visa. Employer transfers you from a foreign office to US office.

O-1

Extraordinary-ability work visa. No annual cap; renewable indefinitely.

TN (USMCA)

Citizens of Canada or Mexico working in 60+ designated professional occupations.

401(k) rollover (vs cash-out)

Move your 401(k) to an IRA tax-deferred — vs. cashing out, which destroys 30-40% as an NRA.

FDAP withholding (30%)

Default 30% US tax withholding on Fixed, Determinable, Annual or Periodic income paid to a non-resident alien.

ISO/NSO 90-day exercise window

Most equity plans give you 90 days post-termination to exercise vested stock options. Runs concurrent with grace period.

RSU acceleration

Severance-package term that vests some or all of your unvested RSUs at termination.

W-8BEN

IRS form: certifies your foreign status and claims tax-treaty benefits with US payers.

Substantial Presence Test (SPT)

IRS Pub 519 test that determines whether you're a US tax resident or non-resident alien for the year.