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Original Date Announced
June 8, 2020ICE, through a broadcast message, informs SEVP-certified schools that USCIS recently implemented a revised H-1B registration process for employers seeking to file an H-1B cap-subject petition for a beneficiary, including those currently in F-1 status. The message indicates that a cap-gap extension is granted only upon filing of the change of status petition. A registration receipt alone does not qualify the individual for the extension. To accommodate changes in the H-1B process, ICE made changes to SEVIS to automatically add cap-gap extensions to the records of F-1 students whose H-1B petitions were receipted by USCIS.
[ID #988]
ICE message regarding revised H-1B registration process and F-1 cap-gap extensionsEffective Date
June 8, 2020Biden Administration Action: Modified
October 23, 20232023.10.23 Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers
This Biden administration policy modifies the above Trump administration policy.
On October 23, 2023, DHS proposed amending current H-1B and F-1 program regulations. According to these proposed revisions, DHS would extend the scope of cap-gap extensions to include an automatic extension of F-1 status and post-completion OPT until "April 1 of the fiscal year for which the H–1B petition is filed, or until the validity start date of the approved H–1B petition, whichever is earlier." The previous automatic extension contained a cut-off date of October 1 of the fiscal year for which H-1B status was requested.
View DocumentBiden Administration Action: Modified
August 27, 20242024.08.27 USCIS Policy Update STEM OPT
USCIS is updating policy guidance in the USCIS Policy Manual regarding the 60-day grace period following an authorized period of post-completion optional practical training (OPT). The guidance clarifies that during the 60-day period, F-1 students may file an application or petition with USCIS to change to another nonimmigrant status, such as H-1B status.
View DocumentBiden Administration Action: Revoked/Replaced
December 18, 20242024.12.18 DHS Final Rule Modernizing H-1B
This Biden administration policy modifies the Trump-era policy identified in this entry.
On December 18, 2024, DHS announced its final rule on Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers. For students on whose behalf an employer has filed an H-1B petition with change of status request, the new rule automatically extends the duration of their F-1 status and employment authorization to April 1 of the relevant fiscal year.
The final rule is effective January 17, 2025.
View DocumentCurrent Status
Fully in EffectMost Recent Action
December 18, 2024 Action: Revoked/Replaced 2024.12.18 DHS Final Rule Modernizing H-1BOctober 23, 2023Acted on by Biden Administration
August 27, 2024Acted on by Biden Administration
December 18, 2024Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Change in PracticeSubject Matter: Non-Immigrant Visas: StudentPre Trump-Era Policies
- June 10, 2020 NAFSAPractice Advisory on FY 2021 F-1 Cap-Gap
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com