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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. 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: Proposed Revocation/Replacement/Modification
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 DocumentCurrent Status
Fully in EffectMost Recent Action
October 23, 2023 Action: Proposed Revocation/Replacement/Modification 2023.10.23 Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant WorkersOctober 23, 2023Acted 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