Understanding OPT Cap-Gap

The H-1B visa allows employers to temporarily employ a foreign national, who possesses at least a bachelor’s degree, in a specialty occupation. The H-1B employment period generally begins on October 1, the start of the federal government’s fiscal year.  There are special rules that act to automatically extend the US employment eligibility of qualified F-1 foreign student visa holders beyond the period initially authorized. The rule that relates to F-1 visa holders seeking to change to H-1B work visa status is referred to as “cap-gap.” This is because it is intended to fill the gap between the date the optional practical training (OPT) period would otherwise expire and the date that the new H-1B employment authorization starts. The 60-day grace period may not be enough to cover the “cap-gap” period until H-1B status begins. However, USCIS offers an OPT cap-gap extension if three conditions are met: An employer timely files a Form I-129, Petition for Nonimmigrant Worker, with USCIS requesting a change of the student’s status to H-1B. (Exception: Petitions requesting consular processing which do not qualify);  The H-1B petition asks for an October 1 start date; and  The student’s status, including any applicable grace period, ends between April and September 30. Situations […]
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Frequently Asked Questions: F-1 Status

The F-1 visa enables an individual to enter the U.S. as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. The student must be enrolled in a program that culminates in a degree, diploma or certificate and the school must be authorized by the U.S. government to accept international students. Q: Can I work on-campus while in F-1 status? A: F-1 students are permitted to work on campus. Approval by a Designated School Official (DSO) or USCIS is NOT required, and students may work up to 20 hours per week while school is in session and full-time during official school vacation periods. On-campus employment includes work performed on school premises or at an off-campus location which is educationally affiliated with the school. Q: Can I work off-campus while in F-1 status? A: Yes, but only after completing an entire academic year of full-time study. After the first year, F-1 students may engage in three types of off-campus employment: (1) Curricular Practical Training (CPT); Optional Practical Training (OPT); or Science, Technology, Engineering and Mathematics (STEM) Optional Practical Training Extension (OPT). Q: What is the difference […]
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Frequently Asked Questions: OPT Employment

The F-1 visa enables an individual to enter the U.S. as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. The student must be enrolled in a program that culminates in a degree, diploma or certificate and the school must be authorized by the U.S. government to accept international students. Q: Can I work on-campus while in F-1 status? A: F-1 students are permitted to work on campus. Approval by a Designated School Official (DSO) or USCIS is NOT required, and students may work up to 20 hours per week while school is in session and full-time during official school vacation periods. On-campus employment includes work performed on school premises or at an off-campus location which is educationally affiliated with the school. Q: Can I work off-campus while in F-1 status? A: Yes, but only after completing an entire academic year of full-time study. After the first year, F-1 students may engage in three types of off-campus employment: (1) Curricular Practical Training (CPT); Optional Practical Training (OPT); or Science, Technology, Engineering and Mathematics (STEM) Optional Practical Training Extension (OPT). Q: What is Optional Practical […]
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Frequently Asked Questions: CPT Employment

The F-1 visa enables an individual to enter the U.S. as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. The student must be enrolled in a program that culminates in a degree, diploma or certificate and the school must be authorized by the U.S. government to accept international students. Q: Can I work on-campus while in F-1 status? A: F-1 students are permitted to work on campus. Approval by a Designated School Official (DSO) or USCIS is NOT required, and students may work up to 20 hours per week while school is in session and full-time during official school vacation periods. On-campus employment includes work performed on school premises or at an off-campus location which is educationally affiliated with the school. Q: Can I work off-campus while in F-1 status? A: Yes, but only after completing an entire academic year of full-time study. After the first year, F-1 students may engage in three types of off-campus employment: (1) Curricular Practical Training (CPT); Optional Practical Training (OPT); or Science, Technology, Engineering and Mathematics (STEM) Optional Practical Training Extension (OPT). Q: What is Curricular Practical […]
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