On December 18, 2024, the Department of Homeland Security (DHS) introduced the H-1B Modernization Rule, which took effect on January 17, 2025. This rule brings a significant change to the F-1 cap-gap extension, offering greater flexibility for students transitioning to H-1B status.
What Is the F-1 Cap-Gap Extension?
The F-1 cap-gap extension is a regulatory provision that bridges the gap between the expiration of an F-1 student's Optional Practical Training (OPT) or STEM OPT and the start of their H-1B status. Under the previous rule, this extension ended on October 1st. However, with the new 2025 rule, the extension can now continue until as late as April 1st of the following calendar year, providing up to six additional months of valid status and work authorization.
Who Qualifies for the Extended Cap-Gap?
To be eligible for this extension, F-1 students must:
- Be the beneficiary of a timely filed H-1B petition requesting a change of status (not consular processing); and
- Be in a valid period of OPT/STEM OPT at the time the application is received by USCIS.
Benefits for Employers and F-1 Students
This extension offers critical advantages for both employers and F-1 students, as it reduces the need for finding interim solutions for employment authorization or navigating periods of unpaid leave.
Action Items: What Should You Do?
- For employers:
- Proactively review current roster of F-1 student employees.
- Work with immigration counsel to identify candidates who qualify for cap-gap.
- Ensure timely H-1B filing to take full advantage for the extended cap-gap period.
- For F-1 students:
- Stay in close contact with your employer and Designated School Official (DSO).
- Submit all requested documents to your employer's immigration counsel promptly.
Work with your employer's immigration counsel to ensure timely and accurate filing of the H-1B petition.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
