Takeaways
- The new DHS rule extends the H-1B Cap Gap period from 10.1 to
04.1.
- F-1 students with pending or approved H-1B petitions benefit
from this extension.
- Employers must adjust their processes to comply with the new
rule.
The Department of Homeland Security (DHS) has published a final
rule (
89 FR 10354) that significantly changes the H-1B Cap Gap
period. This rule automatically extends the duration of status and
any employment authorization granted under 8 CFR
274a.12(c)(3)(i)(B) or (C) for F-1 students who are beneficiaries
of H-1B Change of Status petitions.
The key change is that the automatic extension end date has been
moved from Oct. 1 to April 1 of the fiscal year for which H-1B
status is being requested or until the validity start date of the
approved petition, whichever is earlier. This adjustment aims to
provide a smoother transition for F-1 students moving to H-1B
status.
