DHS to Eliminate "Cap-Gap" By Extending Employment Authorization for Certain F-1 Students

The Department of Homeland Security (DHS) has announced plans to give employers and recent college graduates much-needed relief resulting from the H-1B cap. Specifically, DHS will publish an interim final rule providing an automatic extension of optional practical training (OPT) for the so-called “cap-gap” experienced by students waiting for approval of H-1B petitions. The new rule will also grant certain students up to 29 months of employment authorization, allowing them three opportunities to apply for H-1B status before exhausting their work authorization. It is expected that DHS’ interim final rule will be published in the Federal Register in the coming days, at which time the rule will go into effect.