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ICE informs SEVP-certified schools of a revised H-1B registration process and F-1 cap-gap extensions

  1. Original Date Announced

    June 8, 2020

    ICE, 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 extensions
  2. Effective Date

    June 8, 2020
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  4. Biden Administration Action: Modified

    October 23, 2023

    2023.10.23 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 Document
  5. Biden Administration Action: Modified

    August 27, 2024

    2024.08.27 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 Document
  6. Biden Administration Action: Revoked/Replaced

    December 18, 2024

    2024.12.18 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 Document

Current Status

Fully in Effect

Most Recent Action

December 18, 2024 Action: Revoked/Replaced 2024.12.18 DHS Final Rule Modernizing H-1B
October 23, 2023
Acted on by Biden Administration
August 27, 2024
Acted on by Biden Administration
December 18, 2024
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Change in Practice
Agencies Affected: ICE USCIS

Pre Trump-Era Policies

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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com