H-1B Visa Cap Petition Checklist

Recent Student Exchange Visitor Program (SEVP) communications have not formally changed the Curricular Practical Training (CPT) regulation, but they are prompting universities to reexamine how they authorize curricular practical training for F-1 students.

The U.S. Department of State has temporarily paused immigrant visa interviews worldwide to conduct training programs for consular officers on public charge assessments. This development affects scheduling at U.S. embassies and consulates globally, though it does not mean all immigrant visa applications have been canceled or permanently suspended.

A federal court’s injunction over the DHS fixed-period admission rule nationwide means the existing duration-of-status (D/S) framework for F-1 international students and J-1 exchange visitors will remain in place while litigation continues.

A federal court in Massachusetts has postponed the Department of Homeland Security rule that would have ended 'duration of status' admissions for F, J, and I nonimmigrants, originally scheduled to take effect September 15, 2026. This preliminary injunction affects students, exchange visitors, foreign media representatives, and their sponsoring institutions, though the postponement is not a final invalidation of the rule and litigation continues.

For employers and F-1 employees transitioning to cap-subject H-1B status, October 1 is no longer the definitive deadline. With expanded cap-gap periods and varying petition statuses, HR departments must understand when H-1B status actually begins, how work authorization continues during pending petitions, and what compliance steps are required. This practical guide clarifies the critical differences between approved and pending H-1B cases and provides actionable steps for managing the F-1 to H-1B transition

The U.S. Department of Homeland Security has proposed a substantial $103,000 fee for cap-subject H-1B visa petitions, potentially creating significant financial barriers for employers, particularly small businesses. Meanwhile, the Department of State has paused immigrant visa processing across 75 countries for consular officer training, following a federal court decision that vacated the Administration's previous suspension of immigrant visa issuance.

U.S. Citizenship and Immigration Services has begun issuing Requests for Evidence on H-2B visa petitions to examine past criminal matters involving foreign national workers, even for minor or old offenses. This emerging trend is leading to additional scrutiny, delays, and biometrics appointments that employers must be prepared to navigate.

El Departamento de Seguridad Nacional de Estados Unidos propone eliminar el período de gracia de 60 días que permite a trabajadores extranjeros con visas E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 y TN permanecer legalmente en el país después de perder su empleo. Esta medida podría obligar a los trabajadores a salir inmediatamente o cambiar su estatus migratorio sin el tiempo adicional que actualmente tienen para buscar un nuevo empleador o preparar su salida.

The U.S. Department of Homeland Security has proposed eliminating the 60-day grace period that currently allows certain foreign workers to remain in the United States after their employment ends. This change would affect workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN visa categories, as well as their dependent family members, requiring them to depart immediately or secure new status when employment terminates.

The Department of Homeland Security has proposed eliminating the 60-day grace period that currently allows workers in H-1B, L-1, O-1, E, and TN visa categories to remain in the United States after their employment ends. If finalized, this rule would require immediate departure or status change the day after employment termination, fundamentally altering how employers and foreign workers manage job transitions and creating significant compliance challenges for both parties.